Can I file for divorce in New York if I am currently homeless but have lived here long-term?

   New York law requires that at least one spouse meets certain residency requirements to file for divorce. Even if you are currently homeless, you may still qualify if:

• You have lived in New York continuously for at least two years before filing.

• You have lived in New York for at least one year and were married in the state, lived in the state as a married couple, or if the cause of divorce occurred in New York.

If you meet any of these criteria, your homeless status will not disqualify you from filing for divorce.

Where to File for Divorce If You Don’t Have a Fixed Address

Your residential address is typically required for court filings, but if you do not have a fixed home, you can:

• Use a friend or relative’s address if they allow it.

• List a shelter or support organization that provides mail services.

• Request court permission to use an alternative mailing method for legal documents.

If you are staying in a shelter, you may want to ask the staff if they provide assistance with legal matters or allow you to use their address for court correspondence.

How to Serve Divorce Papers on Your Spouse

In New York, divorce papers must be New York Divorce Residency Requirements properly served to your spouse. If you do not know their whereabouts, you may be able to request alternative service, such as:

• Publication in a newspaper

• Service by email or social media (if permitted by the court)

• Posting at the courthouse

A judge must approve any alternative service methods if traditional service is not possible.

Accessing Free Legal Help for Divorce

Since legal proceedings can be complex, seeking free or low-cost legal assistance is advisable. You can find help through:

• Legal aid organizations such as The Legal Aid Society or NYC Bar Justice Center

• Pro bono services offered by nonprofit law firms

• Family court help centers that offer guidance on filing paperwork

Next Steps: Filing Your Divorce Case

If you meet New York’s residency requirements and can arrange for service, you can file for divorce at the Supreme Court in the county where you last lived with your spouse. Be prepared to fill out necessary forms, including the Summons with Notice or Summons and Complaint, and submit them along with the filing fee or a request for a fee waiver.

Even if you are homeless, you still have the right to seek a divorce and move forward with your life.