Can I Get A Divorce In New York State?

Living in New York does not necessarily entitle you to file for a divorce in a New York Court. In order to determine whether you can obtain a divorce in New York, you need to find out if New York courts have jurisdiction over your divorce action. The first step is to see if you or your spouse satisfy the residency requirements set forth in Domestic Relations Law Section 230. To start a divorce (commence an action) in New York you must satisfy one of the following residency requirements:

1. The marriage ceremony was performed in New York State AND either spouse is a resident of the state at the time of the commencement of the action AND has resided in this state for a continuous period of one year immediately prior to the commencement of the action
2. The couple lived as husband and wife in this state AND either spouse is a resident of the state at the time of the commencement of the action AND has resided in this state for a continuous period of one year immediately prior to the commencement of the action
3. The grounds for divorce occurred in this state AND either spouse is a resident thereof AND has resided in this state for a continuous period of one year prior to commencement of the action
4. The grounds for divorce occurred in this state AND both parties are New York residents at the time the action is commenced
5. If you and your spouse were married outside of New York AND you never lived together as husband and wife in this state AND the grounds for divorce did not occur in this state: Either you or your spouse must presently be a resident of New York State AND have resided continuously in the state for at least two years prior tothe commencement of the action.

If you have any questions regarding how to determine your residency; how to determine where the grounds for your divorce occurred; or any other legal issue regarding divorce law, please call Danziger Legal PLLC and ask to consult with one of our attorneys.