Yes, but a divorce action may only be started in a NYS court if one of the residency requirements of Domestic Relations Law (“DRL”) Section 230 is met: DRL Section 230 states that a divorce, separation action, annulment action, or an action to declare the nullity of a void marriage, may be maintained in NY where:

1. The parties were married in NY, and one person has resided in NY for a continuous period of one year immediately before the action was started or
2. The parties resided as a married couple in NY, and one person has resided in NY for a continuous period of one year immediately before the action was started or
3. The cause of action for divorce occurred in NY, and one person has resided in NY for a continuous period of one year immediately before the action was started or
4. The cause of action for divorce occurred in NY, and both parties are residents when the divorce action is started or
5. Either party has been a NY resident for a continuous period of two years immediately before the action is started.

A marriage is “absolutely” void if one of the parties is previously married to another person. The action to declare the nullity of a void marriage can be brought by the husband, wife, or the “former” spouse. An incestuous marriage is also void. A marriage is incestuous if it is between an ancestor and a descendant, a brother and sister, an aunt and a nephew, or an uncle and niece.

Effective October 12, 2010, a new ground for divorce was added–irretrievable breakdown. If the spousal relationship has “broken down irretrievably” for a period of six months or more, and either party says so under oath, a court may grant a judgment of divorce provided all economic and custody issues have been resolved between the parties or by a court.

Currently, the fees are $210 for an index number and $125 to file a note of issue, for a total of $335.

In order to avoid default, quick action should be taken. If a divorce summons was served upon you personally, there is a twenty-day period in which to serve a formal response. However, the other party must wait at least forty days after service to put the case on the “uncontested” calendar.