What Are The New York Residency and Filing Requirements for Divorce

What Are The New York Residency and Filing Requirements for Divorce?

Have you considered all of the requirements needed in order for you to file for a divorce in New York? Do you know what are the New York residency and filing requirements for divorce? Did you know certain residency requirements must be met before the court will accept your case? If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted, or it will eventually be dismissed. These are the following requirements:

Required residence of parties are needed to file for a divorce in New York. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state of New York 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

2. The parties have resided in this state of New York 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 cause occurred in the state of New York 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 cause occurred in the state of New York and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state of New York for a continuous period of at least two years immediately preceding the commencement of the action.

 

(Consolidated Laws of New York – Domestic Relations Laws – Article 13 – Sections: 230 and 231)

 

If you have any additional questions about filing for a divorce in the State of New York please visit our website at http://www.divorce-attorney.com/

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