Full question:
My marriage was commenced in New York. After five years, my husband moved to Florida and had not contacted me since last two years. Can I move for a divorce in New York?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: New York
Answer:
In New York, you must meet two key requirements to file for divorce: residency and valid grounds for divorce.
According to NY CLS Dom Rel § 230, you can file for divorce if:
- You were married in New York and either you or your spouse has been a resident for at least one year before filing.
- You both lived in New York as a married couple, and one of you has been a resident for at least one year before filing.
- The grounds for divorce occurred in New York, and either of you has been a resident for at least one year before filing.
- The grounds for divorce occurred in New York, and both of you are residents when you file.
- Either of you has been a resident of New York for at least two years before filing.
In your case, since you were married in New York and lived there for five years, you meet the residency requirement. You can file for divorce on the grounds of abandonment, as your husband has not contacted you for over two years (NY CLS Dom Rel § 170(2)).
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.