Q: I live in New York and my husband lives in Montana. What state do we file for divorce in?
A: Maybe either state. Not sure about Montana's laws but for NY in order to get divorced in NY:
The residency requirements for a NY divorce are:
1. The parties were married in New York, and either party lived in New York for one year prior to filing. DRL 230(1)
2. The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing. DRL 230(2).
3. The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing. DRL 230(3).
4. The cause of action occurred in New York, and both parties live in New York at the time of filing. DRL 230(4).
5. Either party has lived in New York for two years or more prior to filing. DRL 230(5).
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