To file for a New York divorce, one of the following residency requirements must be met. If only one spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: 

• the spouses were married in New York and either spouse is still a resident; 

• they once resided in New York and either spouse is still a resident; or 

• the grounds for divorce arose in New York. 

There is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York.

New York Divorce Filing Requirements

A New York divorce may be filed for in a county where either spouse resides.

New York Divorce Grounds

The following are the New York grounds for divorce:

• living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized;

• living separate and apart for 1 year under the terms of a judicial separation decree;

• adultery;

• abandonment for 1 year;

• imprisonment for 3 or more consecutive years; and

• cruel and inhuman treatment.

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