New York Divorce Residency Requirement Checker
Six quick questions to see whether you can file for divorce in New York under Domestic Relations Law § 230 — the five residency routes, checked all at once.
Informational only — not legal advice.Has either you or your spouse lived in New York continuously for at least two years, right up to today?
This is the widest route. Under DRL § 230(5), two years of continuous residence by either spouse is enough on its own — where you married and where the marriage broke down do not matter.
Is at least one of you a New York resident right now, and has that person lived here continuously for at least one year?
One year of continuous residence is the threshold for three of the five routes — but it only works when it is paired with a New York connection, which the next questions cover.
Are both of you New York residents today?
If both spouses live in New York and the marriage broke down here, DRL § 230(4) imposes no waiting period at all.
Were you married in New York State?
Where the ceremony took place — not where the license was obtained or where you live now.
Have you and your spouse ever lived together in New York as a married couple?
Any period of living together here after the wedding counts — even if you have since moved apart or one of you has left the state.
Did the grounds for the divorce arise in New York?
For a no-fault divorce under DRL § 170(7), this generally means the marriage broke down irretrievably while you were living here. For a fault ground, it means the conduct itself happened in New York.
The five residency routes in DRL § 230
New York will not hear a divorce action unless at least one of the following five conditions is met on the day the case is commenced. The statute is written in the alternative — you only need one.
| Route | What must be true | Residency needed |
|---|---|---|
| § 230(1) | You were married in New York, and either spouse is a resident when the action is filed. | 1 continuous year |
| § 230(2) | The couple resided in New York as spouses, and either spouse is a resident when the action is filed. | 1 continuous year |
| § 230(3) | The grounds for divorce arose in New York. | 1 continuous year (either spouse) |
| § 230(4) | The grounds arose in New York and both spouses are residents when the action is filed. | None |
| § 230(5) | Nothing else required — residence alone. | 2 continuous years (either spouse) |
The residency rule is jurisdictional — and your spouse can raise it
Residency under DRL § 230 is not a formality. The plaintiff must plead it in the summons and verified complaint and, in an uncontested case, swear to it in the affidavit of regularity. If it is not satisfied, the defendant can move to dismiss, and courts do dismiss. Filing too early costs you the fee, the time, and sometimes the strategic advantage of having filed first.
Residency for divorce is not the same as residency for custody
These are two separate tests, and meeting one does not mean you meet the other. DRL § 230 decides whether New York can dissolve your marriage. Whether a New York court can decide custody of your children is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (DRL Article 5-A), which generally asks whether New York is the child’s home state — ordinarily where the child has lived for the six months immediately before the case is filed. It is entirely possible to qualify to divorce in New York while custody must be decided in another state, or the reverse. If your family has moved recently, this is worth an attorney’s eye before anything is filed.
Next: figure out which court hears your case, read how to file for divorce in New York, or talk to a Buffalo divorce attorney.
Disclaimer: This checker applies the five residency routes of New York Domestic Relations Law § 230 to the answers you give. It is general information, not legal advice, and it does not create an attorney-client relationship. Residency questions turn on facts a short questionnaire cannot capture — military service, recent moves, dual residences, and immigration status all complicate the analysis. Confirm your position with a licensed New York attorney before filing. Weinrieb Law — 5555 Main Street, Suite 5, Williamsville, NY 14221 · (716) 759-4529.
Frequently Asked Questions About New York Divorce Residency
How long do you have to live in New York to file for divorce?
It depends on which of the five routes in Domestic Relations Law § 230 you use. If either spouse has lived in New York continuously for at least two years immediately before filing, that alone is enough — nothing else matters. Otherwise, one year of continuous residence works, but only if it is paired with a New York connection: you were married here, you lived here together as a married couple, or the grounds for the divorce arose here. And if the grounds arose in New York and both spouses live here now, no waiting period applies at all.
Can I file for divorce in New York if we got married in another state?
Yes. Where you married is only one of the five ways to satisfy DRL § 230. If either spouse has lived in New York for two continuous years, or has lived here one continuous year and the couple resided in New York together as spouses, the court has jurisdiction regardless of where the wedding took place.
What counts as 'residence' for New York divorce jurisdiction?
New York courts look at where you actually live with the intent to remain — not merely where you own property or keep a mailing address. Evidence typically includes your driver’s license, voter registration, lease or deed, tax filings, and employment. Time spent out of state temporarily (military deployment, a work assignment, school) generally does not break continuity if New York remained your true home.
What happens if I file for divorce in New York without meeting the residency requirement?
Your spouse can move to dismiss the action, and the court will dismiss it — the residency requirement of DRL § 230 is a condition the plaintiff must plead and prove. You would lose the filing fee and the time invested, and you would have to start over once you qualify or file in a state where you do. This is why the residency question should be settled before an attorney drafts a summons.
Does the two-year residency rule apply to child custody cases in New York?
No. DRL § 230 governs divorce actions only. Custody jurisdiction is governed by a separate statute, the Uniform Child Custody Jurisdiction and Enforcement Act (DRL Article 5-A), which generally asks whether New York is the child’s home state — usually meaning the child has lived here for the six months immediately before the case is filed.