When considering divorce, many people wonder if Family Court is the right place to file. The short answer is no—Family Court does not handle divorce cases. In New York and most other states, divorce proceedings are exclusively handled by the Supreme Court or an equivalent higher court.
What Court Handles Divorce in New York does play a role in related matters such as child custody, child support, and spousal support. Understanding the distinction between these courts can help individuals navigate the legal system more efficiently.
What Does Family Court Handle?
Family Court is designed to resolve legal issues that arise within families, excluding divorce itself. Some of the key matters handled in Family Court include:
Child Custody and Visitation: Family Court determines which parent will have legal and physical custody of a child and establishes visitation schedules.
Child Support: It enforces and modifies child support orders to ensure that a child’s financial needs are met.
Spousal Support (Maintenance): Family Court can issue orders for temporary spousal support while a couple is still legally married but separated.
Paternity Cases: The court resolves disputes regarding a child’s legal parentage.
Orders of Protection: In cases involving domestic violence, Family Court can issue restraining orders to protect victims from abuse.
While Family Court can issue orders related to child support, custody, and protection, it does not have the authority to grant a divorce or divide marital property.
Where is Divorce Handled?
Divorce cases in New York and most states must be filed in the Supreme Court. This court has the jurisdiction to:
Grant a divorce, whether contested or uncontested.
Divide marital property and assets.
Determine alimony or spousal support.
Resolve disputes over debt division.
Address child custody and child support if the couple has minor children.
If a couple seeking a divorce has already gone through Family Court for child custody or support issues, those decisions may be incorporated into the final divorce judgment by the Supreme Court.
What If You Need Both Courts?
Some cases require proceedings in both Family Court and the Supreme Court. For instance:
A parent may go to Family Court first to establish temporary custody and support while preparing to file for divorce in the Supreme Court.
If a divorced couple later needs to modify a child support or custody order, they must return to Family Court, not the Supreme Court.
While Family Court plays a significant role in family law, it does not handle divorce cases. Instead, the Supreme Court or a similar higher court manages divorces, including property division and spousal support.
Understanding this distinction is crucial for anyone considering divorce, ensuring they file their case in the correct court and seek the appropriate legal guidance.
