WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: New York

Divorce

Updated: 
July 7, 2023

What are the residency requirements to file for divorce in New York?

You may file for divorce in New York if you meet one of these residency requirements:

  1. Either you or your spouse has lived in the state for at least two years immediately leading up to the date you file for divorce;
  2. Both you and your spouse live in New York at the time you file for divorce and the cause for the divorce occurred in New York; or
  3. Either you or your spouse has lived in New York for at least one year immediately leading up to the date you file for divorce and:
    • your marriage took place in New York;
    • you and your spouse lived in New York during your marriage; or
    • the cause (“grounds”) for the divorce occurred in New York.1

1 NY Dom Rel Law § 230

Legal Information

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.