Residency Still Controls

Only one spouse needs to meet the residency requirements. If you qualify, you can file in New York despite your spouse living in another state or country.

Serving the Out-of-State Spouse

You must still provide formal service. A process server or certified mail with signed receipt is usually sufficient, and your spouse can sign an Affidavit of Defendant to waive additional service.

Handling Remote Paperwork

Many counties accept notarized signatures by mail or video conference. Keep original documents in case the court requests certified copies.