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Do I have to reside in New York to obtain a judgment of divorce in New York?

Under New York law an action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained when one or both of the parties is a resident of the State of New York for a particular period of time as specified by New York Domestic Relations Law section 230.

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when one of the following events is satisfied (note you only need to satisfy one):

  1. The parties were married in the state and either party is a resident of the state when the action is commenced and has been a resident for a continuous period of one year immediately preceding; or
  2. The parties have resided in this state as husband and wife and either party is a resident of the state when the action is commenced and has been a resident for a continuous period of one year immediately preceding; or
  3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
  4. The cause occurred in the state and both parties are residents of the state at the time of the commencement of the action; or
  5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

Bronx divorce lawyer Bryan J. Hutchinson to guide you through the complexities of the divorce process. Call Bryan J. Hutchinson at (718) 671-0900 for a confidential consultation