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Residency Requirements for a New York State Divorce Action

Kahn and Richardson - Thursday, January 02, 2014
Either you or your spouse must be a resident of New York State to bring an Action for Divorce in New York State.  The required period of residency, however, is determined by the circumstances of your marriage.

You have met the residency requirements if:

• Either you or your spouse has continuously resided in New York State for two or more years immediately before commencement of the divorce action; or

• You and your spouse were married in New York State and you or your spouse has lived in New York State for a continuous period of one year before commencement of the divorce action; or

• You and your spouse have resided in New York State as husband and wife and you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action; or

• The  cause of action  occurred in New York State and either you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action or both you and your spouse are residents of New York State at the time of commencement of the divorce action.

A divorce attorney familiar with New York State statutes can assess your situation and advise you on whether you meet New York State s residency requirements.

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Practice Areas
  • Divorce
  • Separation Agreements
  • Custody & Visitation
  • Property Division
  • Spousal Maintenance
  • Child Support
  • Prenuptial Agreements

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