Q: I live in New York and my husband lives in Montana. What state do we file for divorce in?
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).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.