For New York to have jurisdiction over the divorce matter, a one-year residency requirement is necessary. Therefore, you are correct in stating that New York cannot serve as the jurisdiction. If both parties are agreeable, and there are no assets or children involved in New York or another state, you can both get a divorce in a state which has no residency requirement, such as Nevada or Tijuana, Mexico. New York will recognize foreign jurisdiction divorces, but will not allow assets or custody questions to be determined by such other jurisdictions. The divorce itself, however, unless contested by either party, will be recognized by the New York courts.
Leonard M. Weiner, Esq./Divorce Solutions