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Divorce » Who is eligible to file for divorce

Am I eligible to file for divorce in NY State?

You may file for divorce in New York if you meet one of these residency requirements:

  1. Either you or your spouse has lived in the state for at least two years immediately leading up to the date you file for divorce

    OR

  2. Either you or your spouse has lived in New York for at least one year immediately leading up to the date you file for divorce AND:

    • your marriage took place in New York, or
    • you and your spouse lived in New York during your marriage, or
    • the cause for the "grounds" for the divorce occurred in New York

    OR

  3. Both you and your spouse live in New York at the time you file for divorce and the cause for the divorce occurred in New York.*

*NY Dom Rel Law §230

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