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Decades Of Litigation Experience


by | Aug 30, 2021 | Firm News |

By Matt Cavallo, Esq.

If you were married in a state other than New York but you and your spouse meet certain requirements under the law, you can still have a New York court divorce you. Under New York Domestic Relations Law Section 230(4), an action for divorce can be maintained when “[e]ither party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.” NY CLS Dom Rel § 230(5).

Another relevant statutory provision regarding this issue is New York Domestic Relations Law Section 231, which states that “[i]f a married person dwells within the state when he or she commences an action against his or her spouse for divorce, annulment or separation, such person is deemed a resident thereof, although his or her spouse resides elsewhere.”

Those who were married outside of New York may think that only a court in the state in which they were married would be able to divorce them, but that is not the case. Provided that the parties meet the relevant legal criteria, you can initiate the divorce action in New York, which in many cases may be more convenient than the prospect of having to return to the state of marriage to get divorced.