Here are some surprising facts about divorces handled by the New York Supreme Court, the only court in New York State that has the authority to grant divorces:
- Exclusive Jurisdiction Over Divorces
Fact: The New York Supreme Court is the only court that can handle divorce cases in the state. Family Court can address related matters like custody, child support, and orders of protection but cannot grant a divorce.
Why It’s Surprising: Many assume New York Supreme Court Divorce has authority over all familyrelated issues, including divorce.
- No Jury Trials for Divorce
Fact: Unlike some civil cases, divorce trials in the New York Supreme Court are decided by a judge, not a jury.
Why It’s Surprising: People often envision dramatic courtroom battles with juries, but in New York, it’s a more streamlined process handled solely by judges.
- Equitable, Not Equal, Asset Division
Fact: The court follows equitable distribution rather than a 50/50 split of marital property. This means assets are divided based on fairness, which could be unequal depending on factors like income, contributions, and needs.
Why It’s Surprising: Many assume property is always split evenly in a divorce.
- Residency Requirements Can Delay Filing
Fact: To file for divorce in New York, you must meet specific residency requirements, such as living in the state for at least a year. If neither party meets the requirements, you cannot file immediately.
Why It’s Surprising: This rule catches some outofstate newcomers off guard, delaying their divorce process.
- NoFault Divorce Wasn’t Allowed Until 2010
Fact: New York was the last state in the U.S. to allow nofault divorce, which means couples can now end their marriage without proving wrongdoing by either party.
Why It’s Surprising: Many don’t realize how recently this change was made, as it fundamentally shifted how divorces are handled in New York.
- Divorce Filings Are Public Records
Fact: Divorce proceedings are part of the public record in New York, though certain sensitive details, like financial affidavits or custody evaluations, may be sealed by court order.
Why It’s Surprising: Many people are shocked to learn that the details of their divorce could be accessed by the public unless sealed by the court.
- Filing Fees Are Fixed but Substantial
Fact: The cost to file for divorce in New York Supreme Court is $335, not including attorney fees or additional court expenses.
Why It’s Surprising: People often underestimate the upfront costs of filing for divorce, thinking it’s just about hiring a lawyer.
- Supreme Court Locations Vary by County
Fact: Divorce cases must be filed in the Supreme Court in the county where either spouse resides, meaning the specific court you deal with depends on your location in New York State.
Why It’s Surprising: Many don’t realize the process and logistics differ based on the county.
- Pensions and Retirement Accounts Are Divisible
Fact: Under New York law, pensions and retirement accounts accrued during the marriage are considered marital property and can be divided in a divorce.
Why It’s Surprising: People often think of these accounts as untouchable personal assets.
- Adultery Is Rarely Relevant
Fact: While New York recognizes adultery as a ground for divorce, it rarely impacts property division, custody, or support decisions unless it directly affects the children or marital finances.
Why It’s Surprising: Many people expect adultery to have significant legal consequences, but in most cases, it doesn’t.
- Temporary Maintenance Guidelines Are Strict
Fact: New York has strict guidelines for calculating temporary spousal maintenance during the divorce process. These calculations are based on the incomes of both parties and are mandatory in most cases.
Why It’s Surprising: Some assume spousal maintenance is negotiable from the outset, but initial calculations are formulaic.
- FaultBased Grounds Are Still Allowed
Fact: In addition to nofault divorce, New York still permits faultbased grounds such as cruelty, abandonment, or incarceration, though they’re used less often.
Why It’s Surprising: People often think nofault divorce eliminated faultbased grounds entirely.
- You Can Represent Yourself—But It’s Risky
Fact: It’s legal to represent yourself in a New York Supreme Court divorce, especially in uncontested cases, but the process is complex, and mistakes can lead to costly outcomes.
Why It’s Surprising: Many don’t realize selfrepresentation is an option, though it’s not recommended for contested divorces.
- Custody Battles Aren’t Always Part of Divorce
Fact: Custody and visitation disputes are often resolved in Family Court, even when they’re tied to a divorce case. The Supreme Court may handle custody issues only if they are included in the divorce filing.
Why It’s Surprising: This separation of responsibilities can confuse couples expecting a onestop process.
- Mediation Is Strongly Encouraged
Fact: Many New York counties require couples to attempt mediation before litigating their divorce in court, especially for contested cases.
Why It’s Surprising: People often think court battles are inevitable when mediation can resolve many issues more amicably.
- Default Judgments Are Possible
Fact: If one spouse fails to respond to divorce papers within the required time, the court can grant a default judgment in favor of the filing spouse.
Why It’s Surprising: This can lead to significant consequences for the unresponsive spouse, who loses their chance to contest terms.
- Divorce Can Be Filed Even Without Agreement
Fact: In a nofault divorce, one party can file even if the other doesn’t consent. Only one spouse needs to declare the marriage irretrievably broken.
Why It’s Surprising: Many believe both parties must agree to initiate the New York NY Divorce Attorneys.
- Automatic Orders Are Issued Upon Filing
Fact: When a divorce is filed, automatic orders are issued to prevent either party from selling assets, incurring unnecessary debts, or changing insurance policies.
Why It’s Surprising: This ensures neither party can sabotage marital finances during the process.
