New York couples frequently inquire whether they can pursue dissolution of marriage in a state different from where their marriage was solemnized. This blog addresses this common query. For those contemplating divorce proceedings, it’s advisable to consult with a dedicated Garden City Divorce Lawyer who can guide you during this challenging time.
What Are the Residency Requirements to File for Divorce in NY?
All states mandate rigorous divorce residency prerequisites, stipulating the minimum duration an individual or their spouse must have resided within a specific state to be eligible to file for divorce in that jurisdiction. These residency requirements are enforced to deter “forum shopping,” a practice wherein individuals attempt to initiate divorce proceedings in a state perceived to offer legal advantages, even if their connection to that state is minimal or non-existent.
To file for divorce in New York, either you or your spouse must have lived in the state for a specific period before the divorce action can be commenced. The purpose of these requirements is to ensure that New York courts have jurisdiction over the marital dispute. To satisfy the residency requirements, you must meet the following criteria:
- One of the parties must have resided in the state continuously for at least two years immediately preceding the commencement of the divorce.
- One of the parties must have resided in the state for at least one year immediately preceding the commencement of the divorce, and:
- The marriage was performed in the state.
- The parties have resided in the state as husband and wife.
- The legal reason (ground) for divorce occurred in the state.
- Both parties are residents of the state at the time the divorce is commenced, and the cause of action occurred in the state.
You should note that residency requirements for military personnel seeking divorce are typically more flexible, enabling them to file in the state where they are stationed, where they maintain legal residency, or where their spouse currently lives. It’s important to accurately determine which residency requirement applies to your specific situation, as failing to meet the criteria can lead to the dismissal of your divorce petition.
Can You Get Divorced in a Different State Than You Were Married?
A divorce may be obtained in a state different from that in which the marriage ceremony was performed. However, at least one of the spouses must satisfy the residency requirements of the state where the petition for dissolution of marriage is filed. The location where a marriage occurred does not affect divorce proceedings, as these are governed by the laws of the state where the divorce petition is filed.
The venue of litigation significantly influences the outcome. Initiating proceedings in either party’s state or residence streamlines logistical considerations. Legal counsel can provide guidance on advantageous state law provisions pertinent to your specific situation.
For more information, please don’t hesitate to contact an attorney at the Law Offices of Eyal Talassazan, P.C., who can assess your circumstances, advise on the appropriate residency ground, and guide you through every step of the divorce process.
