Family · Divorce Residency
Divorce Residency Requirement in New York
How long you or your spouse must live in New York before filing for divorce, whether a county period also applies, whether one spouse is enough, and how it differs from the wait to finalize. Cited to the statute.
The residency requirement in New York
What the state, and any county, period is, whether one spouse suffices, and the exceptions that apply.
| The requirement | What it means |
|---|---|
| Married in New York, plus one year | You qualify if the parties were married in New York and either party has been a resident for a continuous year immediately preceding the action. |
| Lived here as a couple, plus one year | You qualify if the parties resided in New York as spouses and either party has been a resident for a continuous year immediately preceding. |
| Grounds arose here, plus one year | You qualify if the cause occurred in New York and either party has been a resident for at least one continuous year immediately preceding the action. |
| Two years, no connection needed | As a fallback, either party who has been a New York resident for at least two continuous years immediately preceding the action qualifies, with no other connection required. |
| Exceptions and notes | What it means |
|---|---|
| Both-residents route | If the cause occurred in New York and both parties are residents when the action begins, there is no fixed durational period; both must simply be current residents. |
| One spouse usually suffices | The married-here, lived-here, grounds-here, and two-year routes each turn on either party’s residency. Only the both-residents route requires both spouses to be current residents. |
| No county requirement | Section 230 sets a statewide residency test. There is no separate durational county clock; venue is handled elsewhere. |
What you can do right now
Concrete, neutral steps to confirm you can file for divorce in New York. This is legal information, not legal advice.
- Find your route
Ask whether you have a New York connection: married here, lived here as a couple, or the grounds arose here. Any of those plus one year of residency qualifies.
- Use the two-year fallback if there is no connection
With no New York nexus, either spouse’s two continuous years of New York residency is enough on its own.
- Count residency continuously and immediately before filing
The periods must be continuous and run right up to when the action begins, so a gap in residency can reset the clock.
- Talk to a New York family attorney
Which route fits, and whether your residency is continuous, are fact-specific. A licensed New York attorney can confirm eligibility. The State Bar can refer you to one.
Residency and venue turn on domicile and dates, especially after a recent move. This resource can connect you with a court self-help center or a licensed family attorney.
→ New York State Bar — Lawyer ReferralThis is general legal information, not legal advice. Domicile, county venue, military service, and the separate wait to finalize can change the answer, so confirm your situation with a court resource or a licensed attorney.
What people get wrong about New York divorce residency
New York does not have a single residency number; it has five routes under Domestic Relations Law §230, and the practical summary is one year with a New York connection, or two years without. Three of the routes need only one continuous year of residency because there is a New York nexus: the parties married here, lived here together as spouses, or the grounds for the divorce arose here. A fourth route needs no fixed period at all, but requires that the grounds arose in New York and both spouses are current residents. The fallback, route five, is two continuous years of residency by either spouse with no connection to the state required. Most routes turn on just one spouse’s residency; only the both-residents route needs both. Residency must be continuous and run immediately before the action begins, so a gap can reset it, and there is no separate county durational rule. The best way to use this page is to find the route that fits your facts rather than memorizing a single figure.
Common questions
What is the residency requirement to file for divorce in New York?
Generally one year of continuous residency if you have a New York connection (married here, lived here as a couple, or the grounds arose here), or two years with no connection, under DRL §230.
Can I file for divorce in New York if I just moved here?
Usually not right away. You need one year of continuous residency with a New York connection, or two years without. A recent move generally will not meet either route until the time accrues.
Do both spouses need to live in New York to divorce there?
Usually only one. The married-here, lived-here, grounds-here, and two-year routes turn on either spouse. Only the route where the grounds arose here and both are current residents requires both.
Does New York have a county residency requirement for divorce?
No. Section 230 is a statewide test with no separate durational county clock. Which county you file in is a venue question handled by other rules.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.