If the parties were married in New York, what residency requirement applies to establish NY matrimonial res for a divorce action?

• A. One party must be a resident of New York for one continuous year immediately preceding the action.
• B. Both parties must be non-residents
• C. The COA must occur in New York
• D. The parties must have resided in New York for two continuous years

Answer: (A)

New York uses residency to decide which state can grant a divorce, based on matrimonial res (domicile) in relation to where the marriage took place. When the marriage was celebrated in New York, the threshold is one continuous year of residence in New York immediately before filing. If at least one party has lived in New York for a full year prior to the action, the NY courts have matrimonial jurisdiction to dissolve the marriage, even if the other party never lived in New York. The two-year requirement applies only in the scenario where the marriage occurred outside New York. So the key point is that one party’s one-year continuous New York residency immediately before filing is enough to establish NY matrimonial res.