Residency, Separation & Children’s whereabouts Requirements

One of the most critical legal conditions for filing for divorce in any state is meeting residency requirements. These rules vary slightly from state to state, but in general, at least one spouse must have lived in the state for a set period—usually 2 years—before filing. If you have recently moved and haven’t established legal residency yet, or if you and your spouse both live in different states where residency cannot be proven, online divorce may not be an option at this time. We check this in our prequalification process to ensure you don’t begin a case you can’t file. If a small amount of time is necessary to be considered for a 2-year residency or a separation period of 6 months, you can pause the case and continue once the residency or separation requirement has been met.

Please note: if you and your spouse share children and the children live with your spouse in a different state—outside of New York—then child custody jurisdiction typically falls under the laws of that state, not New York.

Special situations: Military service or living abroad

Military deployment or living overseas doesn’t automatically disqualify you, but it can introduce complications. For example, verifying residency, signing documents, or attending online notarization appointments may be more challenging. In most cases, we can still support military clients and spouses abroad, but extra time, flexibility, and planning may be required. These cases are assessed individually to determine feasibility.

Emergency or High-Conflict situations

If your case involves domestic violence, urgent custody matters, protective orders, or any emergency legal requests, online divorce is not the right fit. These situations require immediate court involvement, and possibly legal representation, to ensure safety and justice. Our platform is designed to assist in routine, uncontested divorce cases—not those involving urgent or high-risk circumstances. If you are facing any of these, we strongly recommend reaching out to local legal aid or a licensed family law attorney.

Summary: Who may NOT be eligible

We’ll let you know upfront

To help prevent wasted time or money, we use a quick prequalification questionnaire at the very beginning of your journey with us. This form asks just a few simple questions and instantly lets you know if you qualify for our service based on your location, agreement with your spouse, and other relevant criteria. If we discover that your situation doesn't meet the requirements, we’ll let you know immediately—before you pay anything—so you can explore other legal options without delay or confusion.

Even if you’re uncertain about your situation, we recommend starting the questionnaire. It’s free, it takes just a couple of minutes, and it gives you clarity about whether online divorce is right for you.