Brooklyn, NY asked in Divorce for New York

Q: How can I get around the 2 year residency for a divorce?

I have lived here for a year and desperately need a divorce. I have been trying for 9 years to get rid of this man in my life.

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1 Lawyer Answer

A: You need to contact a local counsel to discuss the grounds for the divorce AND the residency requirement. Two years is a requirement if other circumstances do not exist.

(1) You married in New York and either one of you have been a resident for one year on a continuous basis; or

(2) Both have you have resided in New York as a married couple and either of you have been a resident for one year on a continous basis; or

(3) The cause of the divorce occurred in NY and either one of you have been a resident for one year on a continous basis before the action is commenced; or

(4) The cause occurred in New York and both parties are residents at the time the action is commenced.

Again, the best thing you can do is to take the time to have an initial consultation with an experienced family law attorney who practices in your county to avoid problems once you file.

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