To file for divorce in New York, at least one spouse must meet specific residency requirements. You can file if you or your spouse have lived in New York for at least two continuous years immediately before filing. Residency Requirements for Divorce in New York Alternatively, if you or your spouse have lived in the state for one continuous year and either got married in New York, lived in New York as a married couple, or the grounds for divorce occurred in New York, you can also file. If both spouses are New York residents and the grounds for divorce happened in New York, the residency requirement is waived.