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Divorce Residency Requirements in New York

In New York, one spouse generally must have lived in the state continuously for 1 year before filing if the couple married or lived there as spouses or the grounds arose there, and 2 years otherwise; the no-fault ground is an irretrievable breakdown for at least 6 months.

Last checked . General information, not legal advice.

New York at a glance

State residency
1 year with NY ties; otherwise 2 years
No period applies if the grounds arose in New York and both spouses live there when the case starts.
No-fault ground
Irretrievable breakdown for at least 6 months
One spouse must state it under oath, and economic and custody issues must be resolved before judgment.

Sources

Last checked

The rules in New York

How long must you live in New York before filing for divorce?

State residency in New York: 1 year with NY ties; otherwise 2 years. No period applies if the grounds arose in New York and both spouses live there when the case starts.

What is the no-fault ground for divorce in New York?

No-fault ground in New York: Irretrievable breakdown for at least 6 months. One spouse must state it under oath, and economic and custody issues must be resolved before judgment.

Where do the New York divorce residency requirements come from?

The rules above come from N.Y. Dom. Rel. Law 230 and N.Y. Dom. Rel. Law 170(7). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.