What are the grounds and residency requirements to file for an uncontested or "no-fault" divorce in New York?

  1. At least one of the parties must currently be a resident of New York State.
  2. This party must have been a resident of New York State continuously for at least the one (1) year prior to the filing for divorce.
    1. The parties lived as Husband and Wife in New York State.

      -- OR --

    2. The parties were married in New York State.

      -- OR --

    3. The party meets an extended residency -- being a resident of New York State for at least the TWO years prior to the filing for divorce.
    1. My spouse and I have had an irretrievable breakdown of our marriage relationship for a period of at least six (6) months. We are not asking the to decide on any matters pertaining to spousal support, child support, child custody or visitation. These matters either do not exist or they have been agreed upon by us under the terms of a Marital Settlement Agreement.

      -- OR --

    2. My spouse and I have lived separate and apart voluntarily - without any temporary reconciliation or co-habitation - and have adhered to the terms of a Marital Settlement Agreement for a period of twelve (12) months at the time of filing this divorce action.

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