Section 231 – Residence of married persons

If a married person dwells within the state when he or she commences an action against his or her spouse for divorce, annulment or separation, such person is deemed a resident thereof, although his or her spouse resides elsewhere.N.Y. Dom. Rel. Law ยง 231

Section 230 – Required residence of parties

An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident...

Section 221 – Procedure

The petition shall allege that the husband or wife of such party has absented himself or herself for five successive years then last past without being known to such party to be living during that time; that such party believes such husband or wife to be dead; and...