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Who can file for divorce in New York State?

How fast or simple your divorce will be depends on many factors, including the ability of the spouses to agree on a possible settlement, the amount of marital property, whether there are kids, and so on. However, whether or not you are allowed to get a divorce in New York State is based on fairly hard and fast rules.

State law contains certain residency requirements for anyone seeking a divorce in its courts. Not all of the following must be true, but at least one of these conditions must be met:

  • The person filing for divorce and the spouse reside in New York State
  • The spouses have been residents of the state for at least two years
  • The grounds for divorce occurred in New York
  • The spouses have lived in New York for the preceding year
  • The spouses were married in New York
  • The spouses live in New York while they were married

Matrimonial law is largely determined by the states, and divorce laws can differ significantly, depending on where you file. When spouses live in different states, they may disagree on which state should handle their case. This brings up questions of residency, as we discussed above, along with jurisdiction and other legal issues.

The choice of state can affect your legal rights, as well as how easy it will be for you to get to court for every necessary hearing. If there is a question of which state to file in, your divorce attorney can be very helpful in interpreting and applying the law.

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