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Alexandra Daddario Divorce: NY Filing Rules After 2022 Marriage

Alexandra Daddario filed for divorce in NY after marrying in New Orleans in 2022. Here's how NY's 1-year residency rule under DRL § 230 works.

By Antonio G. Jimenez, Esq.New York5 min read

Alexandra Daddario, 39, the White Lotus and Percy Jackson actress, filed for divorce from A Quiet Place producer Andrew Form, 57, in New York, E! News reported. The couple married in New Orleans in 2022 and share a young son. The case highlights a common question: a couple who marries in one state can file for divorce in whichever state satisfies that state's residency rules — not where they wed.

Key Facts

DetailSummary
What happenedAlexandra Daddario filed for divorce from producer Andrew Form
WhenFiling reported in 2025, ending a marriage that began in 2022
Where married / filedMarried in New Orleans, Louisiana (2022); filed in New York
Who's affectedDaddario (39), Form (57), and their young son
Key statute/ruleN.Y. Dom. Rel. Law § 230 (residency) and § 170 (grounds)
ImpactIllustrates cross-state filing rules and where jurisdiction attaches

Why this matters legally

Where a couple marries has no bearing on where they can divorce. New York — like every U.S. state — bases divorce jurisdiction on residency at the time of filing, not on the location of the wedding ceremony. A couple who married in New Orleans in 2022 can properly divorce in New York in 2025 as long as one spouse satisfies New York's residency threshold. The marriage license issued in Louisiana does not tie the dissolution to Louisiana courts.

This distinction confuses many people planning a divorce after relocating. The controlling question is durational residency in the filing state, which prevents forum shopping and ensures a genuine connection to the court. For a couple who has built their life in New York — living, working, and raising a child there — New York is typically the correct and often the only proper venue, regardless of the 2022 New Orleans ceremony. Understanding residency requirements is the first gate any divorce petition must clear.

How New York law handles this

New York requires that at least one spouse meet a durational residency test under N.Y. Dom. Rel. Law § 230 before a court will hear the case. The most common path allows filing when both spouses are New York residents at the time of filing and the grounds arose in New York. Other paths require one spouse to have lived in the state continuously for one year (if the couple married in New York, resided there as a married couple, or the grounds arose there) or two years if none of those connecting factors apply.

On grounds, New York adopted no-fault divorce in 2010. Under N.Y. Dom. Rel. Law § 170(7), a spouse may cite an irretrievable breakdown of the marriage for at least six months, sworn to under oath. This is now the dominant filing basis and removes any need to prove misconduct. You can read more about how no-fault divorce reshaped the process nationwide.

Property is divided under New York's equitable distribution regime pursuant to N.Y. Dom. Rel. Law § 236. Equitable distribution means fair, not automatically equal — courts weigh factors including the length of the marriage, each spouse's income and property, and contributions to the marital estate. For a marriage lasting roughly three years, the marital property window is comparatively short, which typically narrows the pool of jointly accumulated assets subject to division. Separate property owned before the 2022 marriage generally remains separate.

Because the couple shares a young child, custody and support follow New York's best-interests standard, and child support is calculated under the statutory percentage formula (17% of combined parental income for one child, subject to statutory adjustments). The divorce process for a couple with minor children generally takes longer than an uncontested, childless split.

Practical takeaways

  1. File where you live, not where you married. New York jurisdiction attaches through residency under N.Y. Dom. Rel. Law § 230, not through the state that issued your marriage license. Confirm you meet the durational test before filing.

  2. Identify your residency path early. New York offers multiple routes — the one-year and two-year continuous-residency options carry different waiting requirements. If you recently relocated, count your months carefully.

  3. Separate your pre-marriage assets. In a shorter marriage, distinguishing separate property (owned before 2022) from marital property acquired during the marriage is often the central financial issue under N.Y. Dom. Rel. Law § 236.

  4. Prioritize a parenting plan. When minor children are involved, New York courts apply the best-interests standard. Reaching agreement on custody and a support figure early can shorten the timeline considerably. Use our divorce timeline estimator to set expectations.

  5. Budget realistically. Contested issues drive cost. Our divorce cost estimator can help you plan, and a personalized divorce roadmap will map your next steps based on your specific situation.

If you married in one state and now live in another, the venue question is one of the first things worth clarifying with a professional. You can find a divorce attorney licensed in your county to confirm where you can file and what to expect.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

Can you file for divorce in a different state than where you married?

Yes. Divorce jurisdiction depends on residency at the time of filing, not the wedding location. A couple who married in New Orleans in 2022 can divorce in New York if they satisfy N.Y. Dom. Rel. Law § 230's durational residency test — the marriage license does not control venue.

What are New York's residency requirements for divorce?

Under N.Y. Dom. Rel. Law § 230, one spouse generally must reside in New York continuously for one year (if married, residing, or the grounds arose in-state) or two years otherwise. If both spouses are New York residents and the grounds arose there, filing is immediate.

How is property divided in a short New York marriage?

New York uses equitable distribution under N.Y. Dom. Rel. Law § 236, meaning fair rather than equal. In a roughly three-year marriage, the marital property window is short, so fewer jointly accumulated assets are subject to division, and pre-2022 separate property generally stays separate.

Do you need a reason to get divorced in New York?

No. Since 2010, New York permits no-fault divorce under N.Y. Dom. Rel. Law § 170(7). A spouse states, under oath, that the marriage has been irretrievably broken for at least six months. Proving misconduct is unnecessary, and this is now the most common filing basis.

How is child support calculated in New York?

New York applies a statutory percentage of combined parental income — 17% for one child — under the Child Support Standards Act, subject to adjustments. Courts also apply a best-interests standard for custody. Support and custody terms significantly affect the overall divorce timeline.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law