QUESTION

Can I get a NY divorce if I own property, was married there, and no longer live there?

Asked on Nov 25th, 2013 on Divorce - New York
More details to this question:
My husband and I lived, met, and got married in NY. After a few months of marriage we moved to Maryland where we still currently live. I would like a speedy divorce and would like to pursue a divorce in NY. My husband is willing to divorce there as well if it's accepted. I currently own property there, but I have not lived in NY for almost 5 years. we have both came to a separation agreement and I would prefer not to wait a full year of seperation before getting divorce. any advice would be greatly appreciated.
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2 ANSWERS

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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No separation is required. However it is required that one of you meet the residence requirement.
Answered on Dec 04th, 2013 at 8:26 AM

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Financial Planning Attorney serving Brooklyn, NY
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For New York State Supreme Court to have jurisdiction over the parties (see DRL § 230) one of the following residency conditions must be satisfied: 1. The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. 2. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began. 3. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. 4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced. 5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce. Residing "continuously" in the state does not mean that the party can not have left the state during the period of residency nor does it mean that the party does not have another residence elsewhere outside New York. In your case, you do not meet the residence requirements and would need to live in NY for one year prior to being able to divorce in NY
Answered on Nov 25th, 2013 at 9:36 PM

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