Legal Question in Family Law in New York

Re: Divorce not residing in NY

You must meet one of the following residency grounds in order to get divorced in NY:

1. The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.

2. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began.

3. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.

4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced.

5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.

Re: Divorce not residing in NY

If your marriage was contracted in New York you can obtain a divorce here. However, unless you both have access to a notary (a local notary or one at the US Embassy will do), it will be difficult to do so, as there are forms that must be notarized.

If you do have access to a notary and you got married in New York, or if one of you can claim New York residence, I'll be happy to handle the paperwork for you.