What Court Handles Divorce in New York

Introduction:

Embarking on the journey of divorce can be a challenging and emotional process. Understanding the legal aspects and the court system that handles divorce cases in New York is crucial for anyone going through this difficult experience. In this blog post, we'll explore the question: What Court Handles Divorce in New York?

1. Supreme Court:

Contrary to what the name might suggest, the Supreme Court in New York is the primary court that handles divorce cases. Each county in the state has its own Supreme Court, and divorce matters fall under the jurisdiction of the Supreme Court's Matrimonial Part. This court is responsible for resolving issues related to the dissolution of marriages, including division of assets, child custody, and spousal support.

2. Family Court:

While the Supreme Court typically handles divorce cases, Family Court may also play a role in certain aspects of the divorce process. Family Court usually deals with child support, child custody, and visitation matters. In some cases, parties may initially file for divorce in Supreme Court but subsequently turn to Family Court for ongoing issues involving children.

3. Appellate Division:

The Appellate Division of the Supreme Court is the next level in the court hierarchy. If either party is dissatisfied with the decision made in the Supreme Court, they can appeal the decision to the Appellate Division. Keep in mind that the Appellate Division doesn't reconsider the facts of the case but reviews legal issues or errors that may have occurred during the trial.

4. County Clerk's Office:

When initiating a divorce, the first step is usually filing a summons and complaint with the County Clerk's Office in the county where you or your spouse resides. The County Clerk's Office is responsible for maintaining court records and providing assistance in filing legal documents.

5. Alternative Dispute Resolution (ADR):

New York encourages alternative dispute resolution methods like mediation and collaborative law to resolve divorce issues outside of court. While these methods may not be courts per se, they are essential options for couples seeking a more amicable and less adversarial approach to divorce.

Conclusion: