Does New York have Jurisdiction for your divorce?

To file for a divorce in New York you must satisfy one of the following residency requirements. Any one will do, you do not have meet all of the requirements:

1) The marriage ceremony was performed in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began [In other words: you got married here and at least one of you has lived here for the last year]; OR

2) The couple lived as husband and wife in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began [In other words: you lived in New York together and at least one of you has lived here for the last year]; OR

3) The grounds for divorce occurred in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began [In other words: the basis for the divorce (see below) occurred in New York and at least one of you lived here for the last year]; OR

4) The grounds for divorce occurred in New York State and both spouses are New York residents at the time the action is commenced [In other words: the basis for the divorce (see below) occurred in New York and you both live here now, not necessarily for a whole year] ; OR

5) If you and your spouse were married outside of New York State and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce [In other words, you weren't married here, the basis for the divorce didn't occur here, you never lived here together, then at least one of you has to have lived here for at least the last two years.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.

You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have a New York address in the county where you are filing your divorce. New York civilian residents living overseas may file in New York if they have maintained their residency in New York.