Starting a divorce is hard enough without worrying whether you can file in New York. The good news is that New York gives you multiple ways to qualify. If you live on Long Island or anywhere in the state, a quick check against the rules below will tell you where you stand and what to do next.
You can file for divorce in New York if at least one of these criteria is true:
If none of those fit, you can plan your timeline so you qualify soon or consider other options.
Courts look for a genuine New York connection, not a quick visit. In plain terms:
Most people use residence to qualify. Continuous residence means an unbroken period. Short trips away for work, school, or vacation will not usually break continuity as long as New York remains your fixed home.
New York law creates several alternative routes. If you satisfy any one of them, you meet the requirement.
1) Two Years of Residence by Either Spouse
If you or your spouse has lived in New York for at least two years immediately before filing, you qualify. This option does not require that the marriage or grounds have any New York tie. It is the safest pathway for people who recently moved back or who have an out-of-state spouse.
Example: You moved to Huntington 25 months ago. Your spouse lives in New Jersey. You can file in New York.
2) One Year of Residence Plus a New York Marriage
If you or your spouse has lived in New York for at least one year and you were married in New York, you qualify.
Example: You exchanged vows in Babylon and have lived in Suffolk County for the last 14 months. You qualify.
3) One Year of Residence Plus New York Marital Residence
If you or your spouse has lived in New York for at least one year and you lived in New York together as a married couple at some point, you qualify.
Example: You previously lived together in Garden City for three years, later separated, and you have now lived in Nassau County for the last 12 months. You qualify.
4) One Year of Residence Plus New York Grounds
If you or your spouse has lived in New York for at least one year and the grounds for divorce occurred in New York, you qualify. For a no-fault divorce, the “irretrievable breakdown” of the marriage can occur here, which usually aligns with living separate lives in New York.
Example: You moved to Riverhead a year ago. The breakdown of the marriage took place here over the last year. You qualify.
5) Both Parties Are New York Residents and the Grounds Happened Here
If both spouses are New York residents at the time the case is filed and the grounds for divorce occurred in New York, you qualify even without a one-year clock.
Example: You live in Hauppauge and your spouse lives in Patchogue. The marriage broke down while you both lived on Long Island. You qualify.
The clock must run right up to the filing date. Courts are practical about normal life:
You do not need all of these, but the more consistent the paper trail, the better:
Military Service: Being stationed in New York can count toward residence. Keep orders and off-base proof of living arrangements if applicable.
Students and Fellows: If New York is your fixed home while you study, you may qualify. Use the same proof list above.
Multiple Homes: If you split time between states, courts look at intent and indicators like taxes, licenses, and where you keep your primary household.
Recent Moves: If you are close to the one-year mark, consider waiting to file. You can take protective steps now, such as gathering documents, planning service, and organizing finances, so your case moves quickly once you qualify.
Married Elsewhere, Living Here: You can still qualify through the one-year residence plus New York grounds route, or by reaching the two-year threshold.
You can still file in New York as long as you meet a residency pathway. You will need proper service of process, and the court must have jurisdiction to decide financial issues and support. This is common on Long Island where couples often relocate for work. A careful service plan keeps your case on track and avoids delays.
Divorces are filed in the New York State Supreme Court, not Family Court. You choose the county based on where either spouse resides. For example, if you live in Suffolk County and your spouse lives in Nassau County, you can file in either county.
If you discover a gap, speak with counsel about the cleanest way to correct it before filing.
You still have options:
New York’s residency rules are flexible on purpose. Most people who live here can qualify through at least one of the pathways. A quick review of your timeline and paperwork can confirm your eligibility, reduce the risk of a challenge, and help you file with confidence.
Need help confirming your eligibility and choosing the best venue on Long Island? The Law Office of Chris Palermo guides clients through New York’s residency requirements every day and can review your timeline, documents, and filing options in a focused consultation. Contact Chris Palermo to get clear answers and a plan that fits your goals.