MY SPOUSE OR I DO NOT LIVE IN NEW YORK – CAN I GET DIVORCED IN NEW YORK?

If you or your spouse do not presently live in New York, it may still be possible to get divorced in New York. In order for a New York Court to hear your case, you have to show that the Court has jurisdiction. This means that the Court has the right to hear your case.

In order to get divorced in New York, you have five (5) different ways to demonstrate that the Court has jurisdiction to grant your divorce. They are:

FIRST WAY: (1) You were married in New York State; (2) either you or your spouse is a resident of New York State when you started the divorce action; and (3) that person has been a resident of New York State for a continuous period of one year immediately preceding the divorce action.

SECOND WAY: (1) Both you and your spouse have resided in New York State as husband and wife; (2) either you or your spouse is a resident of New York State when you started the divorce action; and (3) that person has been a resident of New York State for a continuous period of one year immediately preceding the divorce action.

THIRD WAY: (1) The cause of action for the divorce occurred in New York State; and (2) either you or your spouse has been a resident of New York State for a continuous period of one year immediately preceding the divorce action.

FOURTH WAY: (1) The cause of action for the divorce occurred in New York State; and (2) both parties are residents of New York State at the time the divorce action is started.

FIFTH WAY: (1) Either you or your spouse has been a resident of New York State for at least two years immediately preceding the divorce action.

If you are unsure if the Court has jurisdiction, it is best to consult with an attorney.

The Badanes Law Office has assisted many married couples in obtaining a divorce. Call the Badanes Law Office today at: 631-239-1702, email us at: david@dbnylaw.com visit our web site: www.dbnylaw.com.