Divorce in New York is procedural. Much of the stress comes from not knowing what happens next, which court has authority, or which issues must be addressed first.
Supreme Court grants the divorce
New York Supreme Court is the only court that can dissolve a marriage. It may also determine equitable distribution, maintenance, custody, child support, and related financial issues within the divorce action.
Family Court handles many related matters
Family Court commonly handles custody and parenting time, child support, spousal support between married spouses before divorce, paternity, family-offense petitions, and enforcement or modification proceedings. It does not grant a divorce.
Timing depends on the dispute
An uncontested divorce may be completed in several months after proper filing, subject to county processing times. A contested matter may take a year or longer depending on discovery, court availability, motion practice, financial complexity, and custody disputes.
What drives cost
Cost is driven primarily by attorney time, the number of disputed issues, motion practice, discovery, expert work, and the duration of the case. Narrowing issues early and using an orderly process can reduce unnecessary expense.
A simple way to remember the court structure
- Ending the marriage: Supreme Court
- Custody or support without a divorce: often Family Court
- Orders of protection: commonly Family Court, although related relief may arise elsewhere
- Divorce with custody and support: Supreme Court