So to avoid people from coming in from other jurisdictions like Florida and California to come to New York to take advantage of some of our equitable distribution laws or maintenance awards or child support laws, the court requires that the parties meet a residency requirement. There are many ways to do that, one being that either party has lived in New York for a period of two years or more. That can be satisfied by the husband or the wife, even if the other party hasn’t been in New York for a decade.
The second being that the parties were married in New York and then either party lived in New York for at least a year prior to commencement of the action. And the third one is that the couple lived in New York as a married couple and either party lived in New York for at least a year prior to the commencement of the action.
If the parties meet any of those three, then the court would have at least subject matter jurisdiction to hear the divorce.
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