Yes, there are exceptions to the New York Residency Requirements for Divorce in cases involving domestic violence or other special circumstances. These exceptions are designed to provide protection and access to the legal system for individuals who may not meet the typical residency requirements due to their unique situations.
Domestic Violence Exception: Under New York law, if a spouse was forced to leave the state due to domestic violence committed by the other spouse, they may still be able to file for divorce in New York without meeting the standard residency requirements. This exception recognizes that victims of domestic violence may need to flee their home or the state for safety reasons.
To qualify for this exception, the individual filing for divorce must provide evidence that they were a victim of domestic violence committed by their spouse within the state of New York. This evidence can include police reports, orders of protection, medical records, or sworn affidavits from individuals with knowledge of the abuse.
Special Circumstances Exception: New York courts also have the discretion to waive the residency requirements in cases where there are «special circumstances» that would make it unreasonable or unjust to enforce the residency rules. This exception is intended to address unique situations that may not fit within the specific domestic violence exception.
Examples of special circumstances that may warrant an exception include:
a. Military Service: If a spouse was stationed in New York due to military service but does not meet the residency requirements, the court may grant an exception.
b. Incarceration: If a spouse was incarcerated in New York but does not meet the residency requirements, the court may consider this a special circumstance.
c. Exceptional Hardship: In cases where enforcing the New York Divorce Residency Requirements would cause exceptional hardship or injustice, such as in cases of severe illness or disability, the court may waive the requirements.
To qualify for the special circumstances exception, the individual seeking the divorce must provide compelling evidence and justification for why enforcing the residency requirements would be unreasonable or unjust in their specific situation.
It's important to note that the decision to grant an exception to the residency requirements is ultimately at the discretion of the court, and the burden of proof lies with the party seeking the exception. Individuals in these circumstances should consult with an experienced New York divorce attorney to understand their options and build a strong case for the exception.
Additionally, even if granted an exception to the residency requirements, the individual may still need to demonstrate that New York has jurisdiction over the divorce case based on other factors, such as the location of the marriage or the residence of the other spouse.
These exceptions are intended to ensure that individuals facing domestic violence or other extraordinary circumstances have access to the legal system and can pursue a divorce in New York without being unfairly prevented from doing so due to residency technicalities.