How Do I Know if New York Courts will Accept my Divorce Case?

You cannot get divorced in a New York court unless the New York courts have jurisdiction over your case. New York has jurisdiction if there is a legally recognizable connection between your marriage and the state of New York.

Specifically, New York has jurisdiction where:

  1. You or your spouse has lived in New York continuously for at least two years before the action for divorce is started.
  2. You or your spouse has lived in New York continuously for at least one year before the action for divorce is started, and the marriage took place in New York.
  3. You or your spouse has lived in New York continuously for at least one year before the action for divorce is started, and you lived with your spouse as a married couple in New York.
  4. You or your spouse has lived in New York continuously for at least one year before the action for divorce is started, and the grounds for divorce occurred in New York.