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Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:

  • The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and both parties live in New York at the time of filing.
  • Either party has lived in New York for two years or more prior to filing.

The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.