Beginning the Divorce Process

Long Island Matrimonial & Family Law
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The Residency Requirement

In order to file for divorce in New York State, the parties must meet one or more of the following residency requirements:

  • The parties were married in New York AND either party is a resident for at least one continuous year;
  • The parties have at some point lived together in New York as a married couple AND either party is a resident for at least one continuous year;
  • The grounds for divorce occurred in New York AND either party is a resident for at least one continuous year;
  • The grounds for divorce occurred in New York AND both parties are currently residents; or
  • Either party has been a resident for at least two continuous years immediately preceding the commencement of the action for divorce.