If you got married in a different state, you can still get divorced in New York, given that certain conditions are met. It is imperative that you fully understand your legal rights and options when filing for divorce. Reach out to a knowledgeable Suffolk County, Long Island divorce lawyer to set up your free consultation today.

Can I Get Divorced in NY if I Got Married in a Different State?

Yes, you can get divorced in New York even if you got married in a different state. This happens all the time as circumstances change and people move to new locations. However, it is important to note that you must meet certain criteria before you can file for divorce in New York.

First, you must meet the residency requirement. In order to do so and be considered eligible to file for divorce, one of the following must apply to your situation.

  • Either you or your spouse has lived in New York continuously for at least 2 years before filing
  • Either you or your spouse has lived in New York continuously for at least 1 year before filing, AND you got married in New York, lived in New York as a married couple, or the grounds for your divorce happened in New York
  • Both you and your spouse are residents of New York on the day you file for divorce, and the grounds for your divorce occurred in New York

If any of the above is true, you officially meet the state’s residency requirements, and a New York court has jurisdiction over the issues of your divorce. Then, all you need is a valid reason for divorce, which can be fault-based or no-fault.

Why Would You Want to Get Divorced in a Different State?

People get divorced in states different from the one they got married in all the time for all sorts of reasons. Number one is likely convenience. If you got married years ago in one state but then moved to New York as a family, it probably would make more sense to file for divorce in the state you currently reside in, rather than attempt to travel back and forth or work with an attorney out of state.

You may also find that different states have different divorce laws and regulations. For example, New York is an equitable distribution state. This means that assets are divided between the couple fairly based on income, earning capacity, contributions made to the marriage, etc. Certain states have more favorable laws, so it is important to consider that when choosing where to file for divorce.

New York also does not impose a mandatory waiting period before a couple can get divorced, which many other states do. For this reason, divorces, particularly uncontested ones, are efficient in New York and can take as little as 2 to 3 months to resolve.

For more information and skilled legal representation, reach out to an attorney at Peter V. Mandi & Associates, Inc. today.