Divorce Residency Requirements in NY

Laws to File for Divorce in New York

If you live in the state of New York, you may assume that you are eligible to file for divorce in this state. This, however, may not actually be the case. The general standard for most divorces in New York is at least one year of residency prior to the date of filing for divorce. According to Domestic Relations Law 230, you must meet at least one of the following standards in order to qualify for a divorce in New York State.

• The marriage ceremony took place in New York State and at least one spouse was a resident at the time for at least one year before the divorce was filed.
• The married couple was living together in New York, with at least one of them being a resident, for at least a complete year prior to the divorce filing.
• The reason for the divorce filings took place in New York and both spouses were New York residents at the time.
• If the spouses were not married in New York and never lived as husband and wife in the state, one spouse must have at one time been a resident of New York State as well as have lived there for at least two years before the case of divorce.

Remember, you do not have to meet all of these requirements in order to qualify for a divorce, only one must be true of your case. If you are unsure of your residency status, you can ask yourself some of the following questions: Did I register to vote in New York? Did I obtain a driver's license in New York? Did I register my car in New York? These are only some of the ways that you can establish residency. For a comprehensive explanation of residency requirements for divorce in New York, speak with an attorney from our firm.

Residence & Domicile in NY Divorce Law

According to New York Domestic Relations Law § 230, the terms "domicile" and "residence" are synonymous. Further, the residency requirements needed to file a divorce in New York are not satisfied by the bodily presence of parties within a State. In addition to a physical presence, there must be an intention to make New York one's permanent home. Intent can be demonstrated with a lease, tax return, New York car registration, or electricity bill.

Once the plaintiff establishes residency, the court assumes that he/she intends to continue living at the resident. If one party believes that the other intends to change residences, he/she holds the burden of proof. The term "domicile" refers to the party's subjective intent; whereas residency qualifications are determined by his/her actual, physical location. In other words: the person in question must physically dwell in the applicable state for a certain amount of timed before he/she is considered a resident of the state.