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Frequently Asked Questions

Where are divorce cases decided in New York?

The Supreme Court is the only court that handles divorce cases in New York. Family Court can help with custody, visitation, and child support issues before you file a divorce, however, you can’t get a divorce in Family Court.

Does New York require a reason for divorce?

No, New York does not require a reason for a divorce, as it allows for a “no-fault” divorce. However, a filing spouse must state a legal “ground” for the divorce, which can be a no-fault” option like the irretrievable breakdown of the marriage, or a fault-based option, such as cruel and inhuman treatment or adultery.

Can I get financial support after the divorce?

If spouses are divorced, the financial support one ex-spouse pays the other ex-spouse is called maintenance. Maintenance is decided in the Supreme Court during a divorce case.

How is child custody determined?

In New York, the court can make orders about a child’s custody only until the child is 18 years old. The court grants custody based on what is best for the child, a standard that is called “the best interests of the child”.

Can I get child support?

Generally, the custodial parent can get child support from the other parent, the non-custodial parent. The custodial parent is the parent who has physical custody of the child, the child lives with this parent most of the time.

Do grandparents have rights to visitation if the parents object?

Under New York law, grandparents can seek visitation rights, but they must show that there is a substantial existing relationship with the grandchild and that granting visitation is in the best interests of the child. The court will consider the nature of the relationship and the reasons for any parental objection.

The information provided here is for general informational purposes only and does not, and is not intended to, constitute legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or contact us online. However, contacting us does not create an attorney-client relationship.