US-New YorkWhat is the difference between Family Court and Supreme Court for divorce?
Family Court in New York cannot grant divorces; only Supreme Court has jurisdiction over divorce cases. Family Court handles related matters like child support, custody, and orders of protection—but not the divorce itself.
What the Law Says
New York law strictly limits which court may end a marriage. Only the Supreme Court—New York’s trial-level court of general jurisdiction—has the legal authority to grant a divorce. Family Court, though it handles many family-related issues, is expressly barred from granting divorces by statute.
The Domestic Relations Law (DRL) defines who may file for divorce and where. DRL § 230 states: "The supreme court shall have jurisdiction to hear and determine actions for divorce..." This grants exclusive original jurisdiction to Supreme Court.
Family Court Act § 114 reinforces this limit: "The family court shall not have jurisdiction to grant a divorce or annulment of marriage." That means even if both parties agree on all terms, Family Court cannot issue a judgment of divorce.
To file in Supreme Court, at least one spouse must meet New York’s residency requirement: either (1) living in NY for two continuous years before filing, or (2) one year if the couple married in NY or lived there as spouses, or (3) one year if the grounds for divorce occurred in NY (DRL § 230). Jurisdiction also requires proper service and venue under CPLR 301 and 503.
Statutory TextThe supreme court shall have jurisdiction to hear and determine actions for divorce...
— Domestic Relations Law § 230 — Jurisdiction of supreme court
Statutory TextThe family court shall not have jurisdiction to grant a divorce or annulment of marriage.
— Family Court Act § 114 — Limitation of jurisdiction
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.