Katie Holmes Seeks Split from Tom Cruise Under New York Law

It appears a legal battle is waiting in the wings to determine the proper venue for the divorce suit between actors Katie Holmes and Tom Cruise, and custody over their daughter Suri.   According to New York state law, a couple must satisfy one of the following residency requirements to be divorced in New York:

  1. You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; OR
  2. You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:
    1. Your marriage ceremony was performed in New York State; OR
    2. You lived in New York State with your spouse as married persons; OR
    3. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR
    4. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).

 Holmes is believed to have been renting an apartment in Manhattan just prior to her filing for divorce and also claims in her divorce papers that the former couple are residents of New York State.

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