N.Y. Domestic Relations Law Section 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.

Source: Section 230 — Required residence of parties, https://www.­nysenate.­gov/legislation/laws/DOM/230 (updated Sep. 22, 2014; accessed Jun. 21, 2025).

230
Required residence of parties 231
Residence of married persons 232
Notice of nature of matrimonial action 233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served 234
Title to or occupancy and possession of property 235
Information as to details of matrimonial actions or proceedings 236
Special controlling provisions 237
Counsel fees and expenses 238
Expenses in enforcement and modification proceedings 239
Stay in divorce or separation action on default of payment 240
Custody and child support 240–A
Judgment or decree 240–B
Order of support by parent 240–C
Review and cost of living adjustment of child support orders 240–D
Support orders for certain adult dependents 241
Interference with or withholding of visitation rights 243
Security for payments by defendant in action for divorce, separation or annulment 244
Enforcement by execution of judgment or order in action for divorce, separation or annulment 244–A
Enforcement of arrears which accrue during pendency of an enforcement proceeding 244–B
Child support proceedings and enforcement of arrears 244–C
Child support proceedings and enforcement of arrears 244–D
Child support proceedings and enforcement of arrears 245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment 246
Persons financially unable to comply with orders or judgments directing the payment of alimony 247
Alimony or maintenance payments suspended during confinement in prison 248
Modification of judgment or order in action for divorce or annulment 249
Trial preferences in matrimonial actions 250
Agreements relating to marriage 251
Filing of order in family court 252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection 253
Removal of barriers to remarriage 254
Confidentiality 255
Prerequisites for judgments under articles nine, ten and eleven of this chapter
Green check means up to date. Up to date

Verified:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 230. Required residence of parties's source at nysenate​.gov

Link Style