New York Divorce Residency Requirements

Before the Supreme Court will accept your divorce filing, you must prove you meet one of five residency tests under DRL Section 230. These aren't flexible guidelines — they're strict jurisdictional prerequisites. File without meeting one, and the court will dismiss your case, often without refunding the $210 index number fee.

The Five Residency Tests

Two-Year Continuous Residency (No Marriage Connection)

Either you or your spouse has lived continuously in New York for at least two years immediately before the filing date. No connection between the marriage and New York is required — you didn't need to marry here, live here together, or have the grounds arise here.

This is the catch-all for couples where one spouse moved to New York well after the marriage.

One-Year Continuous Residency + Marriage in New York

Either spouse has lived in New York continuously for at least one year immediately before filing, AND the marriage ceremony took place in New York.

One-Year Continuous Residency + Cohabitation in New York

Either spouse has lived in New York continuously for at least one year immediately before filing, AND the parties lived together in New York as married spouses at some point during the marriage.

One-Year Continuous Residency + Grounds Arose in New York

Either spouse has lived in New York continuously for at least one year immediately before filing, AND the grounds for divorce (irretrievable breakdown, abandonment, cruelty, etc.) occurred in New York.

Both Residents (No Minimum Duration)

Both spouses are New York residents on the date the action is commenced, AND the grounds for divorce arose within the state. There's no minimum residency duration — but both must currently live here, and the grounds must be New York-based.

What "Continuous" Residency Means

The statute requires continuous residency immediately preceding the filing date. Brief absences for work travel or vacation typically don't break continuity, but an extended relocation out of state could. The question is whether you maintained New York as your primary home during the relevant period.

Proof of Residency

The court may require documentation, especially in default cases where the defendant isn't present to confirm residency. Commonly accepted proof includes:

• New York state tax returns covering the residency period
• A current New York driver's license or state ID
• Utility bills in your name at a New York address
• A lease or mortgage statement for a New York property
• Employment records from a New York employer
• Voter registration in New York

You'll assert your residency category in the Summons with Notice or Verified Complaint. If challenged, the burden is on you to prove it.

Venue: Which County to File In

Since February 2025, CPLR Section 515 restricts venue to a county where either the plaintiff or the defendant resides — or, if there are minor children, a county where a child resides. Filing in a county where no party lives will result in the case being rejected or transferred.

Before this change, some filers strategically chose counties known for faster processing. That option is no longer available.

What If Neither Spouse Meets the Requirements?

If neither spouse can satisfy any of the five tests, the New York Supreme Court lacks jurisdiction to grant the divorce. You'd need to file in a state where you or your spouse does meet the residency requirements. Some states (like Nevada) have shorter residency periods — as low as six weeks — but that requires actually living there for that duration.

The New York Divorce Filing Process Guide walks through each residency category with a decision matrix and helps you identify which test applies to your situation before you spend the filing fee.

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