Yes, you can get a divorce in New York even if you were married in another state. New York’s divorce laws allow couples who meet certain residency requirements to file for divorce, regardless of where their marriage originally took place. The state’s legal system focuses more on where the spouses currently reside rather than where the marriage occurred, ensuring that New York residents have access to its courts for family law matters like divorce.

Here’s a closer look at what you need to know if you’re seeking a divorce in New York but were married elsewhere.

Understanding Residency Requirements

These rules are in place to ensure that there is a legitimate connection between the parties involved and the state. The requirements are as follows:

You or your spouse have lived in Conversion Divorce New York State for at least two continuous years immediately before filing for divorce.

You or your spouse have lived in New York for at least one continuous year immediately before filing for divorce, and one of the following conditions is met: The couple lived in New York as a married couple, or The grounds (legal reason) for the divorce occurred in New York.

Both you and your spouse are residents of New York when the divorce is filed, and the grounds for the divorce occurred in New York.

If you meet any of these residency conditions, you can file for divorce in New York, even if you were married in a different state or country.


No-Fault Divorce in New York

New York is a no-fault divorce state, meaning you do not need to prove that one spouse was at fault for the breakdown of the marriage. Instead, one spouse can claim that the marriage has been irretrievably broken for at least six months. This simplifies the divorce process and removes the need for a long, drawn-out legal battle over fault.

Even if you were married in another state, the grounds for divorce in New York will apply as long as you meet the residency requirements. You can also file for divorce based on traditional fault-based grounds like adultery, cruelty, or abandonment, but this is less common in no-fault cases.

Property Division and Support Orders

New York courts have the authority to divide marital property and order spousal or child support, even if the marriage took place in another jurisdiction. The state follows the principle of equitable distribution, which means property is divided fairly but not necessarily equally. Similarly, child custody, visitation, and support orders will be determined based on the best interests of the child, regardless of where the marriage occurred.

If you are living in New York and want to file for divorce, it doesn’t matter if you were married in another state or even in another country. As long as you meet the residency requirements outlined by New York law, you can proceed with the divorce process in the state. It is advisable to consult with a New York divorce attorney to ensure that you comply with all legal requirements and that your rights are protected throughout the process.