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What are the residency requirements for filing a same-sex divorce in New York?

To file for divorce in New York, either spouse must meet one of the following residency requirements:

  • You were married in New York and either spouse resided in the state for at least one year.
  • You and your spouse lived in the state for at least one year before filing.
  • The grounds for divorce happened in New York, and either spouse lived in the state for at least one year.
  • If you were not married in New York and the basis for divorce didn’t occur in the state, either spouse must have lived in the state for two years.

September 20, 2024 – Al Hedayati, Esq.

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