Can I file for divorce in New York if my spouse lives in another state?
Jennifer Paulino
New York managing attorney at Marble Law
Key Takeaways
- Typically, you can file for divorce in New York if your spouse lives in another state.
- However, you need to meet certain residency requirements to file for divorce.
In many cases, you can file for divorce in New York if your spouse lives in another state.
The key is, you must meet one of the following conditions:
- The marriage occurred in New York state
- You and your spouse were living together in New York immediately prior to filing
- You’re the person filing and you’ve resided in New York for at least two years at the time of filing for divorce
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You only need to meet one of the above requirements to file in New York state.
If you have more questions about whether you’re eligible, it can be helpful to consult with an attorney.
In general, you may want to familiarize yourself with the residency requirements to file for divorce in New York:
- At least one spouse has lived in New York for at least two years
- Both spouses are New York residents and the grounds for divorce happened in the state
- If you were married in New York, at least one spouse has lived in the state for one year
- If you lived as a married couple in New York, at least one spouse has lived in the state for one year
- If the grounds for divorce happened in New York, at least one spouse has lived in the state for one year
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