Divorce prep · New York
Divorce residency rules and where to file in New York
If you married in New York, either spouse must be a resident when filing and for one continuous year before. If the cause of the divorce happened in New York and both spouses live there when filing, there is no minimum time.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- If you married in New York, either spouse must be a resident when filing and for one continuous year before. New York Domestic Relations Law § 230. Checked November 2, 2026
- If the cause of the divorce happened in New York and both spouses live there when filing, there is no minimum time. New York Domestic Relations Law § 230. Checked November 2, 2026
- New York allows divorce when the relationship has broken down irretrievably for at least six months, stated under oath by one spouse. New York Domestic Relations Law § 170. Checked November 2, 2026
Official links
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Bank, retirement and debt statements
- Pay stubs and tax returns
- Household bills and expenses
- Home, car and property papers
- Agreements and court papers you have
- Messages sent to you
- Co-parenting log: dated handoff and visit notes
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for New York
- How child support works in New York
- Child custody and parenting plans in New York
- How to get a copy of your divorce record in New York
- Protective orders for domestic violence in New York
- Divorce document checklist: the full guide
- Divorce residency rules and where to file: all states
Neighbouring states
- Divorce residency rules and where to file in Connecticut
- Divorce residency rules and where to file in Massachusetts
- Divorce residency rules and where to file in Vermont
- Divorce residency rules and where to file in New Mexico
Questions
Where do these New York facts come from?
Each fact on this page is copied from an official source: New York Domestic Relations Law § 230; New York Domestic Relations Law § 170. We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in New York or your court's self-help center.
Which papers should I keep for divorce prep?
A good start: Bank, retirement and debt statements; Pay stubs and tax returns; Household bills and expenses; Home, car and property papers; Agreements and court papers you have; Messages sent to you; Co-parenting log: dated handoff and visit notes. Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.