New York divorce residency requirements and who can file

Most states give you one residency number to clear. New York gives you five different routes, and they are not ranked by difficulty. One of them lets you file the day you decide to, and people wait two years because nobody told them it existed.

How long do you have to live in New York to file for divorce?

Anywhere from two years to zero, depending on which route fits your marriage. Section 230 of the Domestic Relations Law lists all five, and you only have to satisfy one:

• Two years, no strings. Either spouse has lived in New York continuously for at least two years immediately before you start the case. Nothing else needs to be true.

• One year, plus you were married here. Either spouse has been a resident for a continuous year and the marriage ceremony took place in New York.

• One year, plus you lived here as a married couple. Same one year of residence, and at some point you and your spouse resided in New York as spouses.

• One year, plus the grounds arose here. Same one year of residence, and the legal reason for the divorce happened in New York.

• No waiting period at all. You and your spouse are both New York residents on the day the case is commenced, and the grounds arose in New York.

The court restates all five in plain language on page 2 of the uncontested divorce instructions, which is worth reading if you are close to a line.

Which residency route should you use?

The one you can prove, and that usually means the last one. If you both live in New York now and the marriage fell apart in New York, section 230(4) asks for no waiting period at all, because the grounds arose here and you are both residents today.

That matters for the no-fault ground in particular. An irretrievable breakdown that happened while you were both living in Queens is a cause that occurred in the state, and neither of you needs a year of residence behind it.

Which county do you file for divorce in New York?

The Supreme Court in the county where you or your spouse now lives. New York's Supreme Court is its main trial court despite the name, and the Divorce FAQs put it plainly: a Supreme Court judge is the only person who can legally grant a divorce.

There is no county waiting period. You do not have to live in the county for 90 days the way you would in Texas, and you do not have to file where you were married.

Can Family Court give you a divorce in New York?

No, and this trips up people who already have a Family Court case running. Family Court can order child support, spousal support, custody, visitation, and paternity, and it can enforce and modify what it ordered. It cannot end a marriage.

If you already have a Family Court support order and then file for divorce, the support question moves to the Supreme Court so one judge can decide the money and the marriage together.

What if you have not lived in New York long enough?

Check the shorter routes before you assume you have to wait.

• Check your spouse's residency, not just your own. Every route in section 230 says either party. If your spouse has been here two years, you can file now even if you arrived last month.

• Check where the grounds arose. If the conduct or the breakdown happened in New York and you are both residents today, you are in under section 230(4) with no waiting period.

• Check where you were married. A New York wedding plus one year of residence is a complete route on its own.

• File where you actually qualify. The state you just left may still be open to you, and its rules may suit you better anyway.

Residency is jurisdictional. A judgment entered without it can be attacked later, which is a much worse problem than waiting a few months.

Do you need grounds for divorce in New York?

Yes, always. New York never adopted a pure no-fault system where the marriage simply ends on request. You still have to plead and establish one of the seven grounds in section 170, even when that ground is the no-fault one.

The practical difference is that the no-fault ground cannot be contested on the merits once one spouse swears to it, while the other six can. The grounds chapter walks through all seven and explains why the no-fault option comes with a condition the others do not have.

Who else can file for divorce in New York?

• Same-sex spouses file exactly like anyone else, on the same grounds, with the same residency routes and the same disclosure duties.

• Military families can use New York when one spouse meets a residency route. A servicemember has federal protections against a default judgment, which affects timing rather than the right to file.

• A spouse who cannot locate the other can still file, but personal service is the default and anything else needs a court order first. The service chapter covers what that application looks like.

• A spouse under 18 should talk to a lawyer before filing, since the uncontested packet is not built for it.

What do you need to gather before you file for divorce in New York?

New York will ask for most of this in a sworn statement of net worth, and once your spouse demands it you get 20 days. Start now.

• Your marriage certificate

• The last three years of federal and state tax returns with every W-2, 1099, K-1, and schedule

• A current paycheck stub, plus enough history to show bonuses and commissions

• Statements for every checking, savings, brokerage, and retirement account

• A list of every asset either of you transferred in the past three years, or the length of the marriage if that is shorter

• Deeds, mortgage statements, leases, and any promissory notes

• Life, health, auto, and homeowners insurance policies

• Business tax returns and ownership documents if either of you has an interest

The statement of net worth chapter explains what the form asks for line by line and where the three year transfer lookback comes from.

What happens after you meet the requirements?

1. Buy an index number at the county clerk's office and file a Summons with Notice or a Summons and Verified Complaint

2. Serve your spouse personally within 120 days, along with the notice of automatic orders

3. Wait out your spouse's 20 or 30 day window to appear

4. Exchange financial disclosure, either by demand or at the preliminary conference

5. Resolve the economic issues and custody by agreement or by trial

6. Submit the judgment papers for a judge's signature

The timeline chapter puts realistic ranges on each of those steps.