Full question:
If my spouse currently resides in New York and he files for a divorce is there a waiting period on filing and will this cause me to end up in court in New York?
- Category: Divorce
- Date:
- State: Texas
Answer:
Yes, it is possible you will be required to appear in court in New York if the divorce action is filed there. Court rules vary by area, so local law should be consulted to determine whether your physical presemnce will be required.
New York has a one year residency requirement under the following circumstances:
1. The parties were married in the State of New York and either party is and has been a resident of New York for one continuous year immediately prior to filing for divorce;
2. The parties resided in the State of New York as man and wife and either party is and has been a resident of New York for one continuous year immediately prior to filing for divorce;
3. The cause of the divorce occurred in the State of New York and either party is and has been a resident of the State of New York for one continuous year immediately prior to filing for divorce;
4. The cause of the divorce occurred in the State of New York and both parties are residents thereof.
In all other instances, either party must have resided in the State of New York for two continuous years immediately prior to the commencement of the action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
