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Legal Statutes: New York

UPDATED April 20, 2017

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Article 13. Provisions Applicable to More Than One Type of Matrimonial Action

back to topSec. 230. Required residence of parties

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or

5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.


(Added L.1962, c. 313, § 10; amended L.1963, c. 685, § 3; L.1966, c. 254, § 9.)