New York State Residency & Filing Requirements for Divorce

In order to file for a divorce in Westchester County or in any county in New York State, there are residency requirements that must be met in order for a person to file the divorce in New York. The residency requirements are as follows:

  1. The parties were married in the state and either party is a resident when the divorce is commenced and has been a resident for a continuous period of one year immediately preceding, or
  2. The parties have resided in New York State as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
  3. The grounds for divorce occurred in New York State and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
  4. The grounds for divorce occurred in New York State and both parties are residents thereof at the time of the commencement of the action, or
  5. Either party has been a resident of New York State for a continuous period of at least two years immediately preceding the commencement of the action.

Do you live out of state but were served with New York divorce papers?

In some instances, despite the fact that the New York residency requirements are not met, a spouse files for a divorce in New York because they erroneously think that they meet the residency requirements. In order for the case to be dismissed the out of state spouse will be required to make a written request to the court (referred to as a "motion") to have the case dismissed.

We offer a Free Initial Legal Consultation for all Divorce Matters

As part of our commitment to providing excellent legal representation to all of our clients, whether they are a new client, existing client or returning client, our Westchester County divorce lawyers provide FREE INITIAL LEGAL CONSULTATIONS.

Contact our law firm for more information about how our experienced White Plains divorce attorneys can help you with your divorce matter. Contact us online or by telephone at (914) 840-5104.

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