NY Residency Requirements

In the state of New York the Supreme Court has the jurisdiction to handle all issues involving a divorce (Family Courts in New York State can not grant a divorce.). To commence a proceeding in the Supreme Court in the State of New York, one of the following residency requirements must be met:

1. The marriage must have taken place in the State of New York, when one of the parties to the marriage is a resident in the State of New York at the time the law suit is started and said individual resided in the State of New York for a continuous period of one year immediately proceeding the institution of the lawsuit.

2. The parties lived as husband and wife in the State of New York and either the husband or the wife was a resident of the State of New York at the time of the commencement of the divorce action for a continuous period of one year immediately proceeding the initiation of the divorce proceeding.

3. The grounds of divorce accrue in the state of New York and either the husband or the wife was a resident of the state of New York at the time of the law suit and resided for a continuous period of one year immediately preceding commencement.

4. The grounds for divorce took place in New York and both the husband and the wife were residents of the State of New York at the time the law suit was initiated.

5. In the event the husband and wife were married outside the State of New York, and never lived as husband and wife in the State of New York and the grounds which were the basis for the divorce did not accrue in the state of New York, then one spouse must have been a resident of the State of New York and continuously resided in the state for a period of at least two years immediately proceeding the initiation of the law suit.

It should be noted that the word continuously as used in the context of this statute thus means that the individual was a resident of the state of New York for either one year or two year period. This does not prevent said individual or individuals from taking vacations, visiting third parties or traveling outside of the State of New York.

The Law Firm of Elliot S. Schlissel has offices in Lynbrook, Queens, and Suffolk County, and we represent individuals throughout the New York metropolitan area, including Long Island, Nassau County, Suffolk County, Westchester County; and NYC's five boroughs of The Bronx, Brooklyn, Manhattan, Queens, and Staten Island.