Residency Requirements

New York like most states imposes residency requirements on individuals seeking a divorce within its borders. These requirements are imposed to ensure that there is some rational relationship between New York State and the married couple; enough so to justify the utilization of its court system.

If residency is not established, New York courts do not have the authority to hear your case.  If a divorce is filed and the court lacks jurisdiction, the action for divorce can and will be dismissed against the party bringing the case. 

Determining whether either party meets the residency requirements of New York State is not straight forward and often requires an analysis of different factors including the grounds for the divorce. If residency cannot be established under the law an opposing spouse can request dismissal of the divorce proceeding. If the matter is dismissed the parties will remain legally married and they will have to file a new action, possibly in another state.

Residency Requirements – The Basics

Residency is one of the first issues that must be addressed if someone is planning on filing for Divorce in New York. The specific residency requirements are set forth in Domestic Relations Law (DRL) § 230 and 231 and are as follows:

• The parties have resided in this 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 cause occurred in the 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 cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
• Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

 While the above residency requirements can seem confusing, we can help. At the Law Offices of David Smoren, PLLC we have the knowledge and experience to advise you if New York has jurisdiction to hear you case.  Likewise, we also have the knowledge and experience in defending such divorce matters that do not comport with such requirements. This can be extremely important, as an alternate jurisdiction may prove to be beneficial for your particular case.

Call us today at 718 225-6700 for a free phone consultation, or to arrange for a comprehensive office consultation to discuss your options or simply post a comment or question on the contact form.