Divorce Residency Requirements in New York: Who Can File and Where
New York allows a divorce on five residence bases: one continuous year if the parties married or lived there as spouses or the cause occurred there, no minimum if the cause occurred there and both are residents, and two years otherwise.
What residence does a New York divorce require?
An action for divorce may be maintained only when (1) the parties were married in the state and either is a resident when the action starts and has been for a continuous year immediately before; (2) the parties resided in the state as husband and wife and either is a resident and has been for a continuous year; (3) the cause occurred in the state and either has been a resident for at least a year; (4) the cause occurred in the state and both are residents when the action starts; or (5) either party has been a resident for a continuous period of at least two years immediately before the action (DRL 230). The New York divorce timeline calculator has a button for the one-year, no-minimum and two-year bases.
What does “the cause occurred in the state” mean in New York?
The statute does not define it. For the no-fault ground, ask a licensed New York attorney where the breakdown is treated as occurring, and use the one-year or two-year basis in case of doubt.
Where do you file for divorce in New York?
In the Supreme Court: the statutes on orders of protection and health coverage speak of an action for divorce in the supreme court (DRL 255). Ask the county clerk where you or your spouse lives about venue and the forms.
Does residence decide custody jurisdiction too in New York?
No. The court decides custody on the child’s best interests (DRL 240) and needs its own jurisdiction over the child. See the New York parenting time calculator and ask a licensed New York attorney about the child’s home state.
Can the court protect a spouse while the case is pending in New York?
Yes. In an action for divorce, the supreme court or the family court shall entertain an application for an order of protection or a temporary order of protection by either party, including a stay-away order and an order to refrain from family offenses (DRL 255).
Can both spouses be residents of different counties in New York?
The sections we read name no county rule, so ask the county clerk where you or your spouse lives about venue.
What proof of residence should I keep in New York?
A lease or deed, a New York driver license, voter registration and work and tax records that show when your New York home began, plus proof of where you married or lived as spouses if you rely on those bases.
Can a resident of another state sue a New York resident?
Yes if one of the five bases is met, for example where the cause occurred in New York and either spouse has been a resident for a year (230(3)).
How do the residence period and the six months fit together in New York?
They are separate clocks. For example, a spouse who has lived in New York for a year after marrying there can file on the basis that needs a year, and the six months of breakdown must be complete before a judgment on the no-fault ground, but the sworn statement can be made when the action starts.
Frequently asked questions
How long must I live in New York to file for divorce?
One continuous year on three of the bases, none if the cause occurred there and both spouses are residents, and two years otherwise.
Do both spouses have to live in New York to divorce there?
Not on the one-year or two-year bases; one resident is enough.
Where do I file for divorce in New York?
In the Supreme Court; ask the clerk about county venue.
Does military service count for New York residence?
The statute speaks of residence; ask a licensed New York attorney how stationing is treated.
Does New York residency decide custody jurisdiction?
No. Custody has its own jurisdiction rules and follows the child’s best interests.
Official sources
- DRL 230: required residence of parties
- DRL 170: action for divorce
- DRL 236(B): matrimonial actions; equitable distribution
- DRL 237: counsel fees and expenses
- DRL 240: custody and child support
- DRL 255: orders of protection and health care coverage
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New York statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New York attorney.