Deciding to file for divorce is stressful, and not everyone plans for it. When you want to file for divorce in the state of New York, you should know the rules and requirements.
Before you begin the process of filing for a divorce, you must meet the residency requirement and have a ground, or reason, for the divorce. Read on to learn more about how to provide proof of residency during divorce in New York.
What Are the State Residency Requirements?
New York law mandates that you meet one of the following residency requirements before you file for a divorce:
- Your ground for divorce occurred in New York, and you and your spouse were residing in the state when the divorce action began
- Your ground for divorce occurred in New York, and either you or your spouse were living in New York for at least one (1) year before filing for a divorce
- Your marriage ceremony occurred in New York, and either you or your spouse were living in the state for at least one (1) year before filing for a divorce
- You and your spouse were living in New York while married for a continuous period of one (1) year before filing for a divorce
- Your marriage ceremony did not occur in New York, but you or your spouse have been living in New York for at least two (2) years before filing for a divorce.
You do not have to meet all five residency requirements; you must only meet one. These requirements are under the Domestic Relations Law 230.
What to Do When You Are Still Uncertain
When you are unsure whether you meet one of the requirements from the previous section, consider the following: If you have a New York driver’s license, your car is registered in New York, or you are registered to vote in New York, you may meet the burden for proof of residency in New York during your divorce. An attorney could tell you more during a consultation.
Contact a Lawyer About Providing Proof of Residency for a Divorce in New York
You may assume you can provide proof of residency during divorce in New York when you live in the state, but it is important to make sure before you file. Consulting an experienced divorce attorney could save you time, money, and frustration. Contact The Colwell Law Group today and schedule a confidential consultation.