Who Can File for a Divorce in New York State?

INTRODUCTION: You may file for a divorce in New York either you or your spouse satisfies the residency requirements provided by New York law. I have provided answers to some frequently asked questions in cases where at least one of the spouses lives outside of New York. These answers are, of course, very general. You may contact me for a consultation so that I can answer your specific questions. I do ask, however, that you read over these questions and answers carefully before you contact my office so that we can focus on the specifics of your case at the consultation.

Q: I live overseas and my spouse lives in New York. Can I file for a divorce in New York?
A: Yes, you can file for a divorce in New York if one of residency requirements is met. Generally, if your spouse has lived in New York for over a year, you may file for a divorce in New York regardless where you live.

Q: My spouse lives in a foreign country and I live in New York. Can I file for a divorce in New York?
A: Yes, you can file for a divorce in New York if one of residency requirements is met. Generally, if you have lived in New York for over a year, you may file for a divorce in New York regardless where you live.

Q: My spouse and I both live abroad, can I file for a divorce in New York?
A: Maybe. If New York is your domicile or your spouse’s domicile, you may file for a divorce in New York although you are not physically present in New York. Whether New York is a person’s domicile is governed by complex case law precedents. Generally, New York is a person’s domicile if s/he maintains or owns a residence in New York, owns properties in New York, has New York voter registration, keeps bank accounts and credit cards accounts in New York, and has close family members, such as parents, children, grandparents, and siblings, living in New York. Some foreign countries do not allow foreign nationals to file for divorce in their courts. In that case, you can file for a divorce in New York if New York is your domicile.

Q: My spouse and I split time between New York and abroad, can I file for a divorce in New York?
A: Yes, as long as you maintain a residence in New York.

Q: My spouse and I are not American citizens. We live in New York. Can we get a divorce in New York?
A: Yes. New York court will grant you a divorce judgment based on your residency in New York. However, if you still maintain close ties to your home country (or home countries), you should make sure that a New York divorce judgment is valid in your home country (home countries). Sometimes, a person’s home country does not recognize or enforce a U.S. divorce judgment if both parties are that country’s citizens. Some countries do not recognize a country’s divorce judgment if the marriage was not registered in that country.

Q: My spouse is an American citizen, and I am not an American citizen. My spouse lives in New York, and I live in another country. Can I file for a divorce in New York?
A: Yes. In many countries, the court’s jurisdiction over a person’s divorce is based on his/her nationality. The New York court’s jurisdiction over one’s marriage or divorce is based on a party’s residency in New York. A person’s nationality or immigration status is irrelevant in a divorce in New York.

Q: My spouse is not an American citizen and I am an American citizen. My spouse lives in a foreign country and I live in New York. Can I file for a divorce in New York?
A: Yes. In many countries, the court’s jurisdiction over a person’s divorce is based on his/her nationality. The New York court’s jurisdiction over one’s marriage or divorce is solely based on the parties’ residency in New York. A person’s nationality or immigration status is irrelevant in a divorce in New York.

Q: My spouse and I registered the marriage in New York. Neither my spouse nor I have lived in New York. Can I file for a divorce in New York?
A: No. If you registered your marriage in New York on your vacation or trip to New York but have never lived in New York, normally you cannot file for a divorce in New York. Some countries do not grant divorces to couples who registered their marriages in another country. If this is your situation, you may contact us for further advice.