What are the residency requirements for divorce?

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When a couple in New York decides their marriage is no longer working, it might be time to consider getting a divorce. However, many people who begin the divorce proceedings have never been involved in a legal matter before and aren’t sure what to do first. One of the first things you need to do, other than retain the services of an experienced divorce attorney of course, is to determine where you will get a divorce.

In order to file your divorce within the state of New York, you will have to meet the residency requirements that the state has instituted. The residency requirements are as follows:

  • One or both spouses must live in New York State for a minimum of two years continuously prior to filing for divorce.
  • Both spouses must live in New York State for any period of time on the day in which you file for divorce. The grounds, or legal reason, for filing for divorce must have occurred in the state of New York.
  • One or both spouses must have lived in New York State on the date in which your divorce was filed, continuously for one year prior to filing, and either your marriage ceremony took place in New York
  • Both spouses must have lived in the state as married persons for one year before the date of filing.

Determining whether you are eligible to file for divorce in New York State can become confusing depending on your situation. If you need assistance, contact our firm today.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.

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