Residency requirements for a New York divorce

On Behalf of | Dec 13, 2017 | Divorce |

When a person in New York decides to initiate a lawsuit, it is important that they choose the proper jurisdiction in which to file their matter. For example, if the person is suing a company that they have contracted with, their agreement may dictate where any lawsuits must be filed. If a person has a dispute with their neighbor they will generally file their lawsuit in the community where the individuals live.

Matters of family law are often handled in the courts of the state where the residents live. However, from time to time with regard to divorce cases the partners to a marriage may live in different homes or even separate parts of the country if they are separated. In order to file for divorce in New York, a couple must in some way be connected to the state through residency.

Couples may qualify for New York divorces if they were married in the state or if they lived together in the state and at least one of the marital partners had lived in New York for at least a year before filing suit. Additionally, if the couple’s marriage ends due to fault or a particular event and the grounds of fault or culminating event happened in New York and both individuals are living in New York when the suit is filed they may use the New York courts to end their marriage.

Couples subject to military laws may be able to use different residency options for establishing where it is appropriate for them to file for divorce. However, the information contained in this post cannot be used as the basis for how most individuals should approach the jurisdictional and residential requirements that the state imposes when couples wish to divorce. To learn more about residency requirements and divorce, couples in New York may want to seek legal advice.