Legal Question in Family Law in New York
Residency and divorce in new york
Is there any way possible to get a divorce in new york if we haven't lived in the state a year? We've lived here for 5 months.
Asked on 2/18/09, 7:03 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Residency and divorce in new york
Under NY DRL 230(4), If "The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action," then NY would have jurisdiction.
However, for abandonment or constructive abandonment, the individual must have left the marital residence for more than 1 year. Therefore, NY DRL 230(4) would not apply.
In my opinion, NY DRL 230(4) would only apply if the cause of action was either adultery or cruel and inhumane treatment (abuse) by one spouse to the other.
Mike.
Answered on 2/18/09, 8:23 am
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