When considering divorce in New York, knowing which court handles your case is essential. The Supreme Court and Family Court play significant roles but have distinct jurisdictions. You will file your divorce in the Supreme Court, the only court in New York that handles divorce cases.
Supreme Court jurisdiction
The Supreme Court is a court of general jurisdiction, meaning it handles most civil matters, including divorce proceedings. To initiate a divorce, you must file a summons and complaint with the County Clerk’s office. The County Clerk’s office will provide your case with an Index Number and appoint a judge.
The Supreme Court retains exclusive jurisdiction over divorce, separation and marriage annulment. This means that the Supreme Court typically handles all issues related to the divorce, such as property division and spousal support.
Key aspects of Supreme Court divorce cases
Here are some key points to consider when dealing with the Supreme Court in divorce matters:
- Grounds for divorce: New York allows for no-fault divorce based on an irretrievable marriage breakdown for six months or longer.
- Equitable distribution: The court fairly distributes marital property (which may not be precisely 50/50), considering factors such as income and the duration of the marriage.
- Spousal support: The court decides on spousal support based on income and earning capacity.
After reviewing these aspects, you can better understand how the Supreme Court handles divorce cases in New York.
Family court’s role
While the Family Court cannot handle divorce cases, it does have concurrent jurisdiction with the Supreme Court over issues such as child custody, visitation and child support. If you must address these issues before filing for divorce, you can file in Family Court. However, once a divorce is pending in the Supreme Court, the Supreme Court will address all issues going forward. The Family Court is also crucial for paternity establishment and family offenses.
By understanding the roles of both courts, you can navigate the legal process more effectively and ensure that the appropriate venue addresses your case.