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:
- 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
- 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
- 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
- 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
- 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
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.