Being an emotionally draining process, you and your spouse may want to receive your Judgement of Divorce by the New York state court as quickly as possible. But before this can even be issued to you, you must ensure that you and your spouse follow the proper procedure to file for divorce. This starts with confirming that you and your spouse meet the residency requirement for divorce in New York state. Continue reading to learn more about these requirements and how an experienced Nassau County contested divorce lawyer at Barrows Levy PLLC can walk you through this.
How do I know if my spouse and I met the residency requirement for divorce in New York state?
In New York state, the first step of the divorce process is to fulfill the residency requirement for the court to establish jurisdiction. In other words, you or your spouse must be a resident of New York state to bring an Action for Divorce in the state. Notably, the required residency period depends on your marriage circumstances.
For instance, you and your spouse meet the residency requirement if either of you has continuously resided in New York state for at least two years immediately before the commencement of your divorce action.
Or, you and your spouse qualify if you were married in New York state and either of you has continuously resided in New York state for at least one year immediately before the commencement of your divorce action.
Additionally, you and your spouse can have resided in New York state as husband and wife and either of you has continuously resided in New York state for at least one year immediately before the commencement of your divorce action.
And lastly, you or your spouse can have continuously resided in New York state for at least one year immediately before the commencement of your divorce action or both of you are residents at the time the action commences.
Do I need to remain in the same home to fulfill the residency requirement in New York state?
It is typical to want to move out of your family home during your divorce proceedings. Importantly, New York law does not require you to remain at the same address to fulfill the residency requirements. This is so long as you move to any location within the state. You should be able to prove where you are living to the New York court by presenting documents displaying your address.
If you require further information on this matter, do not hesitate in reaching out to one of the skilled divorce attorneys in Nassau County as soon as possible.
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If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.
