Domestic Relations Law (DRL) Section 230 sets forth certain residency requirements for those who want to go through the New York State court system to obtain their divorce. If a married couple meets any of the below criteria, New York considers them to meet their residency requirements.

1. The couple was married within New York State and either party is a resident upon filing and has been a resident for a continuous period of one year prior to filing for divorce; or

2. The parties have resided within New York as a married couple and at least one party is a resident of New York upon commencement of the action and has been a resident for at least one year prior to filing for divorce; or

3. The cause occurred within New York and either party has resided in New York for a period of at least one year prior to filing for divorce; or

4. The cause occurred in the state and both parties are residents of New York at the time the action for divorce was commenced; or

5. Either party has been a resident of New York for a period of at least two years prior to an action for divorce being commenced.

The same residency requirements apply for actions to annul a marriage, declare a marriage void, and file for separation.

If the other party challenges your New York residency, be prepared to produce certain documents to assist you in refuting their challenge. Copies of your lease, proof of rent payments, pay stubs, bank statements, utility bills, voting records, and/or your driver license can all assist you in demonstrating you have been a resident of New York for the required period of time.

Residency requirements are certainly not unique to New York State and exist in states throughout the nation. Not all states have the same residency requirements.