Which residency scenario triggers automatic eligibility for a matrimonial action after 2+ years of NY residency?

• A. Either party has been a NY resident for 2+ years
• B. Both parties are NY residents since birth
• C. Only one party has resided 2+ years
• D. Residency is never automatic

Answer: (A)

The key idea is that New York grants jurisdiction to hear a matrimonial action when a party has established a qualifying residency in the state for a sufficient period. Specifically, if either spouse has lived in New York for a continuous two years or more immediately before filing, the court has automatic eligibility to entertain the divorce action, even if the other spouse lives elsewhere or hasn’t reached that two-year mark. This means one person’s two-year NY residency alone is enough to bring the action in NY.

So, if either party has resided in New York for two or more years, that scenario triggers automatic eligibility. The other scenarios don’t establish the same automatic trigger, and saying residency is never automatic isn’t accurate.