Pro Se NetworkCan you file in New York? The residency rules.
New York courts will only grant a divorce if one of the residency rules in Domestic Relations Law §230 is met. Courts apply them strictly: one day short is not enough.
The rules, in plain language
At least one of these must be true when you file:
- Two years: either spouse has lived in New York continuously for at least two years right before filing.
- One year, married here: you were married in New York, and either spouse has lived here continuously for at least one year right before filing.
- One year, lived here as a married couple: you lived in New York as spouses at some point, and either spouse has lived here continuously for at least one year right before filing.
- One year, grounds arose here: the reason for the divorce happened in New York, and either spouse has lived here continuously for at least one year right before filing.
- Both here now: the reason for the divorce happened in New York, and both spouses live in New York on the day you file.
Which residency rule do you meet?
Six yes-or-no questions. Nothing is saved or sent.
Has either of you lived in New York continuously for at least two years right before filing?
Has either of you lived in New York continuously for at least one year right before filing?
Were you married in New York?
Did you ever live in New York as a married couple?
Did the reason for the divorce happen in New York?
Do you both live in New York today?
Be careful with “one year”
Courts have refused divorces filed even a day early. If you are close to a deadline, wait until you are safely past it. If you use no-fault grounds, the safest path is often the two-year rule or the married-here / lived-here-as-a-couple rules; courts have not all agreed on how no-fault grounds fit the “grounds arose here” rules.
Not sure which applies to you?
Jeremy asks the residency questions first and tells you, in plain language, which rule you meet, before you spend anything.
Ready when you are. It's free.
Jeremy walks you through New York's uncontested divorce forms in plain language. Document preparation is free. The only required cost is the court's own filing fee, and you may qualify to have that waived.
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Last reviewed 2026-10-16. Laws and fees change; confirm with the court before you file.