Marriage · Courts · Records
Separate the urgent decisions from the divorce paperwork.
Safety, children, housing, money, and health coverage may need a plan before the final judgment. Start by naming those issues. Then use the court route that fits the case.
Related records and housing paths
Reviewed July 13, 2026. Court forms, fees, venue rules, support calculations, and county filing practices can change. Use the current court packet and county instructions.
The first distinction
Supreme Court ends the marriage. Family Court can handle several family issues, but it does not grant the divorce.
Five things to sort first
Safety needs attention first
Call 911 for immediate danger. An order of protection, emergency housing, safe communication, and confidential-address planning should not wait for the full divorce file. Mediation may be a poor fit when there is abuse, coercion, or fear.
Separation is not the same as divorce
Living apart does not end the marriage. A separation agreement can organize rights and responsibilities, and a court judgment can create a judicial separation, but the marriage ends only when a Supreme Court judge signs the Judgment of Divorce.
Supreme Court handles the divorce
Family Court cannot grant a divorce. It can handle custody, parenting time, child support, spousal support, paternity, and orders of protection before or apart from a divorce case. The divorce itself belongs in New York State Supreme Court.
Uncontested can mean consent or default
New York Courts treats a case as uncontested when no financial or divorce-related issue is disputed and the other spouse either agrees or does not appear. A default is not the same as a joint agreement, and the DIY and joint programs have narrower rules. If an appearing spouse disputes an issue, stop using the uncontested packet.
Use the current county route
Venue and local filing instructions matter. Start with the Courts' county-specific divorce page and court locator; current venue rules can turn on where a party or a minor child lives and include privacy exceptions.
Build one working file before choosing forms
Keep the marriage certificate, addresses, income and tax records, account and debt statements, deeds or leases, insurance information, retirement records, and documents about children together. Add any existing Family Court, criminal court, or protection orders. A lawyer may need records beyond this list.
Use a lawyer sooner when the consequences are hard to undo
Property, a business, retirement benefits, immigration questions, disputed parentage, out-of-state property, contested custody, domestic violence, hidden assets, or a spouse whose location is unknown can change the route. Even an apparently friendly agreement can affect taxes, debt, benefits, and enforcement later.
Do not use an uncontested packet until the case fits it
The traditional uncontested materials cover both a spouse who consents and a properly served spouse who does not appear, but those paths use different papers. The DIY program for eligible cases without children under 21 and the joint-divorce forms are narrower routes. Read the limits before starting. If an appearing spouse contests an issue, the uncontested packet is not the right working set.
The judgment is not the last record
Keep a certified copy of the signed judgment and proof that the required notice was served. Then review the decree and any agreement before changing a name, beneficiary, deed, account, insurance, vehicle, or retirement record. Some changes require another form, consent, or court order.
Sources and review
Where this information comes from
New York Porch is a starting map. The current agency page, form, notice, record, or professional handling the matter controls the live answer.
- Last reviewed
- July 13, 2026
- New York Courts - Divorce Resources - Court choice, county information, forms, contested and uncontested routes, legal help, and current updates.
- New York Courts - Divorce Basics - Supreme Court, Family Court, residency, grounds, service, children, money, and the final judgment.
- New York Courts - Uncontested divorce forms - Current packet, limits, instructions, worksheets, and common filing mistakes.
- New York Courts - Uncontested joint divorce - A separate current form route for spouses who meet the program requirements and file together.
- New York Courts - Family Court basics - Custody, visitation, child and spousal support, paternity, and orders of protection outside the divorce judgment.
- New York Courts - Fee-waiver application affirmation - The application affirmation; the proposed order and proof-of-service form are separate parts of the current set, and county instructions still matter.
- New York CPLR Rule 515 - Matrimonial venue - Current county rules based on where a party or minor child lives, with confidentiality exceptions and a good-cause route.
Use this carefully: This is a court-routing guide, not legal advice or a form-selection tool. A lawyer or court help center can apply the current law and county practice to the facts.
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