Which scenario best describes 0 years of residency for a NY matrimonial action?

• A. One party moved to NY after filing
• B. Neither party resided in NY
• C. Both parties were NY residents when the action commenced
• D. The action commenced in NY but residency not established

Answer: (C)

Residence for a NY matrimonial action is about showing the court has jurisdiction based on where the spouses actually live. If both spouses are NY residents when the action is started, there’s a current NY domicile and the residency requirement is met right away, so the court can hear the case without needing a long pre-filing residency period. That makes this scenario the strongest fit for satisfying residency at the outset.

Moving to NY after filing doesn’t establish NY residency before the action was filed, so it doesn’t meet the pre-filing requirement. If neither party resided in NY, there’s no NY connection to justify jurisdiction. If the action starts in NY but residency hasn’t been established, the court wouldn’t have proper jurisdiction. Thus, being NY residents at the outset best describes meeting the residency requirement with no waiting period.