Residency Requirements for a New York Divorce

For New York Supreme Court to have jurisdiction over the parties (see DRL § 230) one of the following residency conditions must be satisfied:

2. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for and resided in this state for a continuous period of one year immediately before the action began.

3. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.

4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced.

5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce. Residing "continuously" in the state does not mean that the party can not have left the state during the period of residency nor does it mean that the party does not have another residence elsewhere outside New York.