Legal Question in Family Law in New York
New York Residency
I have only lived with spouse in New York for 5 months. The grounds (which I was told is solid cruelty) happened here in New York. Is is true that I still have to wait until I've been here for one year for jurisdiction? Thank you!
1 Answer from Attorneys
Re: New York Residency
According to Barron and Associates website:
If only 1 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: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, 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. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].
So no you have no wait. Get to a lawyer as soon as you can. No one should have to deal with cruelty from one who is supposed to love and care for them.
Good Luck.
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