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Residency requirements for a New York divorce

On behalf of Cohen & Lombardo, P.C. • Apr 25, 2019

Not just anyone from anywhere can get a divorce in New York. In order to use the state's courts to end their marriages, individuals must meet residency requirements. The residency requirements that New York law impose on those who wish to use their services prevent non-residents from burdening the system and taking advantage of how New York applies its laws.

There are several ways that individuals can meet the state's residency requirements. One way is by having been married in New York. If two people join in marriage within the borders of the state, then they may use the state's courts to get a divorce.

For couples who got married outside of New York, the residency requirement may be met by living together in New York as a married couple with at least one of the partners having lived in New York for at least a year before filing to divorce. Yet another way that couples can meet the residency requirement is by citing a grounds for divorce that occurred within the state, such as an act of adultery between one of the parties and a third party that occurred within New York's borders.

Finally, if either party to the marriage has lived in New York for at least two years then the partners may use the courts to get a divorce. Residency is only one of the many requirements that individuals must satisfy in order to end their marriages. Divorce attorneys throughout the state can help their clients protect their rights and meet the necessary requirements for ending their marriage in the state of New York.

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