Legal Question in Family Law in New York

Residency requirement for Divorce

I would like to know if there is any way around the 1 year residency requirement to obtain an uncontested divorce. My spouse and I were both born, raised and married in New York. We moved out of state and have recently returned to New York State. We both want a divorce as soon as possible, but we are hampered by the residency requirement. Is there a way around this requirement?


Asked on 11/19/00, 11:01 am

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Residency requirement for Divorce

You do not mention how long you have to go before the year is up. [Actually, it should be a year and a day.] If you have, say, two months to go, you may wish to wait it out. But if you have 50 weeks to go, you may wish to look at other jurisdictions.

A practical solution would be to have a Legal Sepration now. We could do that in one week, by means of a written Separation Agreement. It would resolve all of your financial affairs, etc.

Ordinarily, you would have to wait for a year after the Separation Agreement before you could divorce, but in your case, you could do an Uncontested Divorce in NY, as soon as you have been in NY for a year.

You should consult with an experienced matrimonial attorney to learn all your rights and options.

Hope this helps.

www.BravermanLawFirm.com

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Answered on 11/28/00, 7:29 am
Jeremy Morley Morley & Trager

Re: Residency requirement for Divorce

You can get a divorce in some other locations if you both consent, in certain circumstances. For example, you can get a divorce in Nevada if one of you lives there for just 6 weeks. Or you can get a divorce much faster than that in the Dominican Republic. Jeremy Morley

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Answered on 11/28/00, 12:43 am


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