Residency Requirements for Divorce in New York
Divorce is a complex legal process that can be both emotionally and financially draining. All states have their residency requirements for divorce, and New York is no different. If you can’t meet these specific residency requirements before filing for divorce, it won’t be processed. These requirements serve as a way to ensure that only those who have a strong connection to the state can seek a divorce within its jurisdiction. If you’re unsure of what the residency requirements are in New York or if you meet them, the divorce attorneys at The Law Offices of Diron Rutty, LLC can help.
Why Do States Have Residency Requirements for Divorce?
Residency requirements for divorce vary from state to state, but they all serve a similar purpose. These requirements help prevent people from what’s called “forum shopping.” Forum shopping is the practice of choosing the state with the most favorable laws to obtain a divorce. It also ensures that courts have jurisdiction over the case and that the laws of the correct state are applied.
What Are New York’s Residency Requirements for Divorce?
According to New York Domestic Relations Law, to file for divorce in the state, at least one spouse must have been a resident of New York for a continuous period of two years before filing. This means that either you or your spouse must have lived in New York for two years before filing for divorce. However, there are exceptions to this rule.
- If you and your spouse were married in New York and either of you have lived in the state for at least one year before filing.
- If you or your spouse have been living in New York as husband and wife and one of you is a resident when the divorce is filed and has been a resident for a continuous period of one year immediately preceding your marriage.
- If you or your spouse have resided in New York and either of you is a resident when the divorce is filed and has been a resident for a continuous period of at least six months before filing.
It’s important to note that these residency requirements apply to both no-fault and fault-based divorces.
How Can The Law Offices of Diron Rutty, LLC Help You Meet the Residency Requirements?
Navigating divorce residency requirements can be a complicated process, especially if you’re unsure about your eligibility. That’s where The Law Offices of Diron Rutty, LLC comes in. Our team of experienced family law attorneys has a thorough understanding of New York’s residency requirements for divorce and can help you determine if you meet the criteria and then help you through the rest of the divorce process.
In addition, we can assist you with gathering the necessary proof of residency, such as utility bills or pay stubs, to ensure that your case is not dismissed due to lack of eligibility. We will also guide you through the entire divorce process, from filing to finalization, to ensure that your rights are protected and your best interests are represented.
Don’t let residency requirements stand in the way of your divorce. Contact The Law Offices of Diron Rutty, LLC today for a consultation, and let us help you navigate this challenging time with confidence.