Getting a NY Divorce When Your Spouse Lives Out of State
Filing for divorce in New York when you spouse lives in another state can be complicated. However, even if your spouse no longer resides in New York you can still file for a divorce in NY providing you meet one or more of the following residency requirements:
• You were married in New York and at least one of the spouses has lived in New York for at least a year prior to filing for a divorce.
• You lived as husband and wife in New York State and either spouse has resided in New York for at least one year prior to filing for divorce.
• The grounds for your divorce occurred in New York State and either spouse has resided in New York for at least one year prior to filing for divorce.
• The grounds for divorce occurred in New York State and both spouses live in New York currently.
• You weren’t married in the State of New York, the basis for the divorce did not occur in New York, but at least one of the spouses has lived in New York for two years prior to filing for divorce.
Will other states recognize my New York divorce?
Generally speaking, most states do recognize court orders issued by other states. For example, a driver’s license issued by California can be used to drive in any other state. Likewise, if you get a divorce in New York State, that divorce decree is recognized in every other state. However, no state recognizes an out of state divorce if you did not properly notify your spouse of the divorce proceedings. This is especially important if you have children or own property because if that state doesn’t recognize your divorce it may refuse to enforce a property settlement or child custody order.
It sometimes happens that after the divorce is final that one or both spouses will want post-divorce changes—such as modifications in support or custody. In order to obtain any post-divorce modifications in your New York divorce decree the request will have to be made of the court that issued the divorce. And as long as the out of state spouse was given proper notice of the proceedings, that state will typically enforce the new terms of your NY divorce decree.
A Long Island divorce lawyer can help
Obtaining a NY divorce when one of the spouses resides in another state can make a divorce more challenging. However, our experienced NY divorce lawyers can help you through the process. Whether you are a New York resident filing for divorce or an out of state resident needing representation in a New York divorce, call (631) 539-9610 or contact us online today to learn how Long Island Divorce Solutions can help you.