If you want to seek a divorce in New York, you must be a legal resident for a particular period of time. However, according to The Law Offices of Ian S. Mednick, P.C. and other renowned divorce lawyers in Long Island, you must meet these five residency requirements to be considered for a divorce:
- The couple was married in the state, and either spouse resided in the state for a year before filing for divorce. You’re not required to continue living in the state once the lawsuit has started. The simple act of being married in the state, along with one spouse’s residency is enough.
- The couple lived in the state as a married couple, and either spouse resided in the state for a year or more before filing. Take note that there’s no requirement for the amount of time the married couple must live in the state. It's all right as long as one of them meets the residency requirement of one year before filing, and that this one year should be the year immediately before filing. The couple doesn’t have to live in the state after filing.
- The grounds for divorce must have occurred in the state, and either spouse resided in New York for a year or more before filing for divorce.
- The cause of the divorce action must have occurred in the state, and both spouses live in the state at the time of the divorce filing. This requirement is unique in that it doesn’t require either spouse to live in the state for a set amount of time. Rather, it allows for a marital action to be maintained in the event that both spouses reside in the state during filing, considering that the grounds for divorce happened in the state.
- Either spouse has resided in the state for two or more years before filing.
Put simply, if you couldn’t meet any of these five residency requirements, you couldn’t get a divorce in New York.