Requirements | By the People

Requirements for a NY Divorce

Residency Requirements

To file for divorce in New York State, you must be lawfully married and meet one of four residency requirements. These requirements are:

  1. The parties were married while either party is a resident of New York for at least one year prior to filing for divorce,
  2. The parties resided in New York as spouses and either party was a resident of New York for a continuous period of one year prior to filing for divorce,
  3. The cause of divorce occured in New York while either party was a resident for a continuous period of one year prior to filing for divorce,
  4. The cause of the divorce occurred in New York and both parties were residents of New York at the time of filling for divorce, or
  5. (5) either party being a resident of New York for at least two years prior to filing for divorce in New York.

Ground or "No Fault" Requirements

In addition to the residency requirements, NYS Divorce Law provides that a divorce will be granted upon a showing of grounds or on the basis of no fault. Read more above NYS divorce laws. That is, the party seeking divorce must show an accepted ground for divorce or base the divorce on "no-fault" to get a divorce. New York State's grounds are:

  1. (1) cruel and inhuman treatment,
  2. (2) abandonment,
  3. (3) constructive abandonment,
  4. (4) adultery and
  5. (5) three years of consecutive imprisonment.

Read more about New York No Fault Divorce.