What are the residency requirements for divorce in New York?
Under Domestic Relations Law § 230, one spouse must have lived in New York continuously for two years before filing. One year is enough if the couple married in New York, lived here as a married couple, or the grounds happened here. If both spouses live here when the case starts and the grounds happened here, no minimum period applies.
Key facts
- Law
- New York Domestic Relations Law § 230
- Longest option
- Either spouse a continuous resident for at least 2 years
- One-year option
- 1 year, plus married in NY, lived in NY as spouses, or grounds arose in NY
- No minimum period
- Both spouses live in NY when filing and the grounds arose in NY
- Where to file
- Supreme Court in the county where you or your spouse live
The five ways to meet residency
New York will only hear a divorce case if the couple meets one of the residency tests in Domestic Relations Law § 230. Only one test needs to be met.
- Two years. Either spouse has lived in New York continuously for at least two years right before the case starts.
- One year, married here. The couple married in New York, and either spouse has lived here for the year right before filing.
- One year, lived here as a couple. The couple lived in New York as spouses, and either spouse has lived here for the year right before filing.
- One year, grounds arose here. The reason for the divorce happened in New York, and either spouse has lived here for the year right before filing.
- Both live here now. The reason for the divorce happened in New York, and both spouses live here on the day the case starts.
What "continuous" and "grounds arose here" mean
The statute measures residency for the period immediately before the case starts. A case starts when the summons is filed with the County Clerk.
Grounds are the legal reason for the divorce. For a no-fault divorce, the ground is that the marriage has broken down for at least six months. Whether that breakdown happened in New York can depend on the facts, so an attorney can help if this test matters for you.
If you moved to or from New York recently, an attorney can confirm which test, if any, you meet.
Which county to file in
Only the New York Supreme Court can grant a divorce. The court system directs filers to the Supreme Court in the county where either spouse now lives.
The court's uncontested divorce forms ask the plaintiff to state which residency test applies. The sworn affirmations then confirm those facts. If the papers do not show a valid test, the judge cannot grant the divorce, so it is worth checking the dates before filing.
Residency and mediation
Spouses can start mediating at any time, even before they meet a residency test. The agreement they reach can be signed while they wait.
The divorce itself cannot be filed until one of the tests is met. A judge reviews the residency facts in the papers before signing the judgment.
People also ask
Can I file for divorce in New York if I just moved here?
Usually not right away. You generally need two years of residency, or one year plus a New York connection. The exception is when both spouses live here and the grounds arose here.
Does only one spouse need to meet residency?
Yes, for the one-year and two-year tests, either spouse can meet them. The remaining test requires both spouses to live in New York when the case starts.
Does it matter where we got married?
It can. Marrying in New York lets a spouse use the one-year test instead of the two-year test.
Every divorce is different. Call and we will explain how this works for the two of you.
Sources
- NY Domestic Relations Law § 230
- NY CourtHelp: Residency and Grounds (still shows the older one-year separation period)
- NY Courts: Introduction to Uncontested Divorce Instructions (Rev. 3/1/26)
- NY Courts: Divorce Resources
This guide is general information about New York law, checked against the sources above on October 12, 2026. It is not legal advice. Laws, forms and fees change; your attorney can tell you how they apply to you.