Beginning the Divorce Process

In order to file for divorce in New York State, the parties must meet one or more of the following residency requirements:

• • The parties were married in New York AND either party is a resident for at least one continuous year;
  • The parties have at some point lived together in New York as a married couple AND either party is a resident for at least one continuous year;
  • The grounds for divorce occurred in New York AND either party is a resident for at least one continuous year;
  • The grounds for divorce occurred in New York AND both parties are currently residents; or
  • Either party has been a resident for at least two continuous years immediately preceding the commencement of the action for divorce.