What is New York’s Residency Requirement for a Divorce?

It is important to note that the state of New York has a residency requirement for those looking to divorce. To learn more about this, continue reading, and do not hesitate to reach out to our firm today to speak with a skilled Rockland County divorce attorney. Our legal team is here to help you during this time.

What is New York’s divorce residency requirement?

Keep in mind that before divorcing in New York, you will have to establish jurisdiction by meeting the residency requirement. The following scenarios satisfy the New York residency requirement:

  • One or both spouses have lived in the state without interruption for at least two years.
  • Both spouses are residents on the day they file for divorce.
  • One or both spouses have lived in New York in the year before the divorce case and the couple either got married in New York, lived in New York as a married couple, or the grounds for divorce happened in New York.
  • Once jurisdiction is selected, you may proceed with your divorce. You will now either file for a no-fault divorce or cite fault grounds.

What is a no-fault divorce?

More often than not, an individual getting a divorce will want to inform the court of their specific reasoning for filing. For example, if your spouse cheated on you, you may wish to tell the court that the divorce is your spouse’s fault and that thus, you do not need to have your assets subjected to equitable distribution. While you would assume this may affect the court’s decision, the truth is, most attorneys will advise filing for a no-fault divorce instead. Typically, the cases of your divorce have very little effect on the court’s decision, and when you cite fault grounds, you actually open yourself up to a long, uphill battle with your spouse, as he or she now has an option to challenge your claim. However, if you would like to cite fault grounds anyway, you may cite the following grounds:

  • Adultery
  • Extreme cruelty
  • Institutionalization
  • Imprisonment
  • Abandonment for at least one year

When it comes to a no-fault divorce, on the other hand, you are merely saying that you and your spouse agree that there has been an irretrievable breakdown in the relationship for at least six months. Once you file your complaint for divorce, your spouse must answer within 35 days. Our compassionate firm can supply you with the legal assistance you need to reach a successful result. Give us a call today to get started. We are on your side.

Contact Our Rockland County Firm

If you are faced with a family law matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.