What is the residency requirement to get a divorce in New York?

You can get a divorce in New York if one or more of the following is true about your residency in the state:

1) you were married in the state and either you or your spouse was a resident at the time you filed the papers and either you or your spouse lived in New York for one year prior to commencing the action (file papers and serve papers); or

2) you and your spouse lived in New York as a married couple and one or both of you resided here at least one continuous year immediately before the action; or

3) the grounds for divorce occurred in New York and either you or your spouse was living here for one year prior to commencing the action;

4) either you or your spouse is a current resident and have lived here for up to two years even if you were not married here and the grounds for divorce did not occur in the state.

Of course you have to prove your residency. The law does not exactly require that you prove you lived here prior to filing. Usually your sworn testimony under oath that you lived here for the required time is enough. So technically you can say anything and even if you lied, you COULD get away with it.

But why take the risk? If it is later discovered that you did not meet the residency requirement your divorce can be vacated, meaning it would be as if you never got divorced.

So even if you are remarried at the time your lie is discovered, your new marriage would be void or voidable.

Who has time to deal with a holy mess such as this?

So make sure you meet the residency requirements before you commence a divorce action. You can prove you are a resident by showing you had a job here for the required time, utility bills, library card, voter registration, lease, etc. There are many ways to prove your residency. Again, normally you don’t have to provide this proof. But you know murphy’s second law. The minute you lie about something, it’s the minute you have to prove it’s the truth.

So be prepared to prove your residency by one of the methods outlined above.

More on residency

here.

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