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News

September 29, 2021
DELAYED COURTS AND DIVORCE

☝ As courts reopen, divorce filings are on the rise, wrote Vincent M. Mallozzi at the New York Times. The NYC divorce court system has a considerable backlog of cases, causing delays for many couples who are looking to end their marriages and move on. People always ask me, can I file in another state to expedite my divorce, now that New York State divorces are taking at least 3 months to finalize?

The answer is complex, but the short answer is no. To file for divorce in NY, you and your spouse must meet Residency Requirements. In other US states, you have to prove that you lived as a couple in that state long enough to allow this state’s courts to have jurisdiction over you and your marriage. Jurisdiction means that the state court has the legal power to make decisions about your divorce. If you lie about your address and the court finds out, you are liable for fraud.

👉 In NY, the courts established the following Residency Requirements: 

🔹 a. Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and 

🔹 b. You got married in New York State, or 

🔹 c. You lived in New York State as a married couple, or 

🔹 d. The grounds for your divorce happened in New York State, or 

🔹 e. Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State

If you and your spouse resided in Connecticut for the past 5 years, but think it will be quicker to get divorced in NY – you will have problems proving to a NY judge that you satisfy the NY residency requirements. 

📝 The reverse is also true. If you are New Yorkers and have been here in NY for the past two or more years, other states won’t touch your divorce and will force you to ask for a NY judge to handle your case.

Questions? Give us a call and we can help.

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Shepelsky Law Group

Divorce Attorneys

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