Divorce

What are the residency requirements for filing a same-sex divorce in New York?

To file for divorce in New York, either spouse must meet one of the following residency requirements:

  • You were married in New York and either spouse resided in the state for at least one year.
  • You and your spouse lived in the state for at least one year before filing.
  • The grounds for divorce happened in New York, and either spouse lived in the state for at least one year.
  • If you were not married in New York and the basis for divorce didn’t occur in the state, either spouse must have lived in the state for two years.