New York Divorce Residency Requirements

Moved recently and thinking about divorce? Residency rules decide whether you can file in New York yet.

At a glance

Why residency rules matter

A court needs jurisdiction to end a marriage. Filing before you meet the residency rule can get the case dismissed, costing time and filing fees. Residency is usually shown with a driver's license, voter registration, a lease or mortgage, or testimony. Military members stationed in a state are often treated specially; check the statute or ask the court clerk.

If you recently moved

• Wait until you meet the residency period, then file.
• File in the state where your spouse still lives, if that state's rules are met.
• Consider legal separation, which in some states has a shorter or no residency requirement.

Child custody follows its own jurisdiction rules: generally, the child's "home state" where the child has lived for the last six months decides custody, which may differ from where the divorce is filed.

Next steps: how to file for divorce, what an uncontested divorce is and the divorce documents checklist. Unmarried couples should check whether a marriage exists at all: see New York common law marriage. A family lawyer can confirm where you should file.

Sources

1. Divorce.law: New York divorce residency requirements
2. Cornell Law School LII: Divorce