Main Content
Scheinkman Section 1.3
Preliminary considerations—Subject-matter jurisdiction
11 N.Y.Prac., New York Law of Domestic Relations § 1:3
New York Practice Series - New York Law of Domestic Relations
|
July 2020 Update
Chapter 1. An Overview of the Divorce Process: Divorce and Separation
Alan D. Scheinkman
§ 1:3. Preliminary considerations—Subject-matter jurisdiction
In New York, the Supreme Court has exclusive jurisdiction over actions for divorce and separation.1 In addition, the Supreme Court has jurisdiction over issues ancillary to the divorce or separation action, such as spousal maintenance and child custody and support.2 In actions for divorce but not in actions for judicial separation, the Supreme Court also has jurisdiction over equitable distribution of marital property.3
The Supreme Court and the Family Court have concurrent jurisdiction to entertain an application for an order of protection or temporary order of protection. However, the Supreme Court may order that the protection order may be enforced or modified in the Supreme Court only.4
The Family Court has jurisdiction to issue orders of protection, either in a family offense proceeding or in proceedings governing juvenile delinquency, support, paternity, custody, persons in need of supervision, and child protection.5
The Supreme Court may not on its own motion consolidate actions or make, vacate, or modify orders of protection issued in Family Court involving the same parties, except upon motion and with notice to the nonmoving party who shall be given the opportunity to be heard.6
The Family Court also has jurisdiction to determine applications to fix child custody and temporary or permanent support, or a distribution of marital property if the Supreme Court refers such matters to the Family Court.7 Even in the absence of a referral, if there is no Supreme Court order granting temporary or permanent support or maintenance, the Family Court may entertain a petition and make an order of support for a spouse who is likely to become in need of public assistance or care.8 If the Supreme Court denies support to a spouse in an action for separation and there has been a final adjudication of that action, the Family Court may entertain a petition and order support for that spouse if the circumstances of the parties have changed or the petitioner is shown to be likely to become in need of public assistance or care.9
§ 1:3.Preliminary considerations—Subject-matter jurisdiction, 11 N.Y.Prac., New York Law of Domestic Relations § 1:3
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.