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Can I file a no fault divorce here in NY? And do I have to wait for a year for me to file my divorce?

Flushing, NY |

I've just moved here in NY this June 2012 and has been separated to my husband for almost 10 months.

My husband is presently resides in AZ and we were married in other country.

Attorney Answers 4


  1. The short answer is you must wait two years unless you have other connections to NY. If your husband also moved here with you, and lives in NY (not sure by your question if this is true), then the period is one year.


  2. If you moved here in June 2012 the earliest you can file is June 2013, unless either your spouse is a resident of New York or the cause of action arose here.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. The requirements are as follows:

    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. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)


  4. You cannot file at this time you have to wiat until you meet the residencey requirments.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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