Divorce is a significant legal process, and knowing where to file your case is essential to ensure a smooth and efficient proceeding. In New York, the Supreme Court of the State of New York is the only court that has jurisdiction over divorce cases What Court Handles Divorce in New York
This article will explain the role of the Supreme Court in handling divorces, how it differs from Family Court, and other key considerations for filing a divorce in New York.
The Supreme Court and Divorce Cases
If you are seeking a divorce in New York, you must file your case in the Supreme Court of the county where either you or your spouse resides. Each county in New York has a Supreme Court, and this court is responsible for handling all divorce proceedings, whether they are contested or uncontested.
To initiate the process, the spouse seeking the divorce (the plaintiff) must file a Summons with Notice or a Summons and Verified Complaint with the Supreme Court. The other spouse (the defendant) will then have an opportunity to respond.
If both parties agree on key issues such as asset division, child custody, child support, and spousal support, they can file for an uncontested divorce, which is generally quicker and more straightforward. However, if there are disputes, the divorce becomes contested, requiring further court proceedings, negotiations, or even a trial.
Does Family Court Handle Divorce?
One common misconception is that Family Court deals with divorce cases in New York. However, this is not true Family Court does not have the authority to grant a divorce. Instead, Family Court handles specific matters related to family law, including:
Child custody and visitation
Child support
Spousal support (before filing for divorce in Supreme Court)
Orders of protection (domestic violence cases)
Paternity cases
If a couple has disputes about child custody, child support, or spousal maintenance before filing for divorce, they can seek assistance from Family Court. However, to legally dissolve a marriage, they must go through the Supreme Court.
Filing Fees and Timeline
Filing for divorce in the Supreme Court requires a $210 index number fee, plus additional fees for motions or document processing.
Uncontested divorces can be finalized in a few months.
Contested divorces may take several months to years, depending on court schedules and the complexity of disputes.
In New York, all divorce cases must be filed and handled by the Supreme Court in the county where either spouse lives. Family Court does not grant divorces but can address related issues such as child custody and support. Understanding which court to approach ensures that the legal process is properly followed, leading to a smoother divorce experience.
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