Q: I recently moved to NJ from NY and do not meet the residency requirements for divorce in NJ, looking to file in NY
I was informed that because I'm not meeting residency requirements of NJ that means I can still technically file in NY. Looking for further clarification.
A: I'd refer you to Domestic Relations Law Section 230 for the residency requirements:
DRL 230: Required residence of parties.
An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:
1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
If you're committed to filing in New York and are confirmed to have not yet met the residency requirements, then you obviously have run into a problem here. Otherwise, you may want to consider filing in New Jersey, provided you're open to that alternative.
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