Which factor is NOT listed as part of the 1-2 years residency category for NY matrimonial actions?

Which factor is NOT listed as part of the 1-2 years residency category for NY matrimonial actions?

• A. Marriage took place in New York
• B. New York was matrimonial domicile at some point
• C. Grounds for divorce arose in New York
• D. The parties lived in New Jersey at some point

Answer: (D)

The key idea is how New York courts acquire jurisdiction in a matrimonial action through residency connections. For the 1-2 year residency pathway, NY recognizes several ways the state can be the proper forum: if the marriage took place in New York, if New York was the matrimonial domicile at some point during the marriage, or if the grounds for divorce arose in New York. Each of these links the action to New York’s authority, either by where the marriage occurred, where the couple lived as a married pair, or where the divorce grounds occurred. The factor that does not fit these pathways is that the parties lived in New Jersey at some point. Simply having lived in New Jersey at any time does not establish the New York links required for this residency-based route, so it would not be counted as part of the 1-2 year residency framework.

The key idea is how New York courts acquire jurisdiction in a matrimonial action through residency connections. For the 1-2 year residency pathway, NY recognizes several ways the state can be the proper forum: if the marriage took place in New York, if New York was the matrimonial domicile at some point during the marriage, or if the grounds for divorce arose in New York. Each of these links the action to New York’s authority, either by where the marriage occurred, where the couple lived as a married pair, or where the divorce grounds occurred.

The factor that does not fit these pathways is that the parties lived in New Jersey at some point. Simply having lived in New Jersey at any time does not establish the New York links required for this residency-based route, so it would not be counted as part of the 1-2 year residency framework.