Will I have to go to court in New York for my spouse's divorce?

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, if your spouse files for divorce in New York, you may need to appear in court there. New York has specific residency requirements for divorce:

  • If you were married in New York and either spouse has lived there for at least one continuous year before filing.
  • If you lived together in New York as a married couple and either spouse has been a resident for one continuous year before filing.
  • If the reason for the divorce occurred in New York and either spouse has lived there for one continuous year before filing.
  • If the reason for the divorce occurred in New York and both spouses are residents.

In all other cases, at least one spouse must have lived in New York for two continuous years before filing for divorce.

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.

FAQs

The time it takes to get divorced in New York can vary. If both spouses agree on all terms, an uncontested divorce can be finalized in as little as a few months. However, if there are disputes or if one party contests the divorce, it may take longer, potentially over a year. The overall timeline will depend on the complexity of the case and the court's schedule.