If your spouse is still living in New York, you can file in New York. If both of you are living outside of New York for over one-year, you will most likely have to file in the state in which you are living for the last year.
And if your husband is still living in New York, I strongly recommend that you call me and at 212-370-1660 to arrange for a meeting for us to discuss mediating your divorce. It will be most much cheaper, faster and less traumatic.
Leonard M. Weiner, Esq./Divorce Solutions