Brooklyn, NY asked in Divorce for New York

Q: My husband and I got married in Puerto Rico and now we want to divorce. Do we have to get divorced in Puerto Rico?

Can we get a divorce in my current state(New York)?

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: If you meet the residency requirements of NY then you can get divorced here. There are a few ways to meet the residency requirement of New York State:

Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;

Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;

Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.

It is likely you can get divorced in NY and there is no need to do so in Puerto Rico.

Lawrence Allen Weinreich agrees with this answer

David P. Badanes
PREMIUM
David P. Badanes
Answered
  • Northport, NY
  • Licensed in New York

A: Yes, you probably can get divorced in New York. Have you lived in New York for more than 2 years? If yes, you can get divorced in New York. If you have only lived in New York for more than 1 year, then it depends on other facts.

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