New York’s Divorce Law: Residency Requirements

Requiring a residence period in the divorce action will ensure that individuals do not seek to become more favorable divorce laws, or use the state courts to receive a “quickie divorce” without any real connection to the state.

Filing for divorce for New York’s residence requirements are strict compared to other states. Domestic Relations Section 230 provides that an action for divorce may be maintained, when any of the following conditions are apply:

* IF you or your spouse is a resident of New York when divorce action began or both of you were married in New York at least for one year before the divorce;

* Grounds for divorce occurred in New York and either you or your husband or your wife was living in New York for at least one year immediately before the divorce action.

* Grounds for divorce occurred in New York, and you and your wife or husband are resident of New York at the time of initiation of divorce

* Either your spouse or you have been resident of New York continuously for a long period like at least 2 years immediately before the divorce action.

If the condition reaches to any of the above given requirements then you can file for divorce in New York. not only the attendees stay requirement. Thus, it is possible to initiate divorce in New York, even if one spouse is resident outside the State of New York.





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