New York Residency Requirements

Residency requirements for filing for divorce in New York. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.

State Residency

12

months minimum

County Residency

months minimum

Note: New York has five alternative residency bases under DRL Section 230. You must satisfy at least one: (1) The marriage was performed in New York AND either party has been a continuous resident for at least 1 year immediately preceding filing; (2) The parties resided in New York as husband and wife AND either party has been a continuous resident for at least 1 year immediately preceding filing; (3) The grounds for divorce arose in New York AND either party has been a continuous resident for at least 1 year immediately preceding filing; (4) The grounds for divorce arose in New York AND both parties are residents at the time of filing (no minimum duration); (5) Either party has been a continuous resident of New York for at least 2 years immediately preceding filing (no other connection required). Residency requires both physical presence and intent to make New York a permanent home. There is no separate county duration requirement, but the action must be filed in Supreme Court in the county where either spouse resides.

New York Residency Requirements Explained

Before you can file for divorce in New York, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of New York for a minimum of 12 months prior to filing your petition.

In addition to the state requirement, New York also requires that you have lived in the county where you file for at least months. You must file in the county where you (or your spouse) reside.

The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in New York as long as you personally meet the requirement.

How to Prove New York Residency

If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:

✓
Driver's License

Valid New York driver's license or state ID

✓
Voter Registration

Active voter registration in New York

✓
Lease or Mortgage

Current lease agreement or mortgage for a New York address

✓
Tax Returns

New York state tax returns filed as a resident

✓
Utility Bills

Utility bills in your name at your current address

✓
Employment Records

Pay stubs or employment verification in New York

✓
Bank Statements

Bank statements showing a New York address

✓
Vehicle Registration

Vehicle registered in New York

Check your eligibility to file

Answer a few questions and Divorce.ai will confirm if you meet New York's residency requirements.

Military Personnel & Residency

Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in New York if:

  • •They are currently stationed in New York
  • •They maintain New York as their legal domicile (home of record)
  • •Their spouse lives in New York

Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.

What If I Just Moved to New York?

1.

Start your countdown. Note the date you moved to New York. You can file after 12 months from that date.

2.

Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.

3.

Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.

4.

Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.

Don't wait to prepare

Start your New York divorce paperwork now so you can file the day you meet residency requirements.

Where to File in New York

Once you meet New York's residency requirements, you must file for divorce in the correct court. In New York, divorce is filed in the county where you or your spouse lives.

Filing Location Checklist

  • ✓Confirm you meet the 12-month state residency requirement
  • ✓Confirm you meet the -month county residency requirement
  • ✓Identify the correct court for your county
  • ✓Check local filing rules and any county-specific forms
  • ✓Check if e-filing is available in your county

Find your local court on the New York court website →

Frequently Asked Questions

How long do I need to live in New York to file for divorce?
You must have lived in New York for at least 12 months before filing for divorce. New York has five alternative residency bases under DRL Section 230. You must satisfy at least one: (1) The marriage was performed in New York AND either party has been a continuous resident for at least 1 year immediately preceding filing; (2) The parties resided in New York as husband and wife AND either party has been a continuous resident for at least 1 year immediately preceding filing; (3) The grounds for divorce arose in New York AND either party has been a continuous resident for at least 1 year immediately preceding filing; (4) The grounds for divorce arose in New York AND both parties are residents at the time of filing (no minimum duration); (5) Either party has been a continuous resident of New York for at least 2 years immediately preceding filing (no other connection required). Residency requires both physical presence and intent to make New York a permanent home. There is no separate county duration requirement, but the action must be filed in Supreme Court in the county where either spouse resides.
Does my spouse also need to live in New York?
No, only one spouse needs to meet New York's residency requirement. You can file for divorce in New York even if your spouse lives in another state, as long as you meet the residency requirement. However, the court may have limited ability to make orders regarding property or custody in another state.
What counts as residency in New York?
Residency generally means you have made New York your primary home. Indicators include having a New York driver's license, being registered to vote in New York, paying New York taxes, and having your primary dwelling in the state. Temporary absences (vacations, business trips) do not break residency.
Can I file for divorce in New York if I just moved here?
You must wait until you have lived in New York for 12 months before filing. If you need immediate protection, you may be able to file for a protective order regardless of residency status. Start preparing your documents now so you can file as soon as you meet the requirement.
What if my spouse and I live in different states?
You can file for divorce in New York as long as you meet the residency requirement here. Your spouse will be served in their state. Note that if your spouse lives in another state, jurisdiction over certain issues (like property in the other state) may be limited.

Related New York Guides

New York Divorce GuideNew York Divorce FormsNew York Divorce CostNew York Divorce TimelineNew York Uncontested DivorceNew York Divorce with ChildrenNew York Property DivisionNew York Child Support CalculatorNew York Alimony Calculator

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