Two courts with different jobs
In New York, the divorce itself, including the division of marital property, is decided in the state Supreme Court, which here is a trial court despite its name. Family Court hears custody, support, and family offense petitions, and it can act on those issues without a divorce being filed. In many other states a family court, or a family division of the general trial court, does handle divorces, which is where the expectation comes from. Filing in the wrong court usually means losing time rather than losing rights, but time can matter when support or safety is at stake.
When both courts are involved
Families often start in Family Court, for a support order or an order of protection, before anyone files for divorce. Once a divorce is filed, the Supreme Court can take up custody and support as part of that case, and existing Family Court orders often stay in effect until it does. Sometimes the Supreme Court refers custody or support issues back to Family Court to decide. Keep copies of every order and petition from either court, and tell your lawyer about any pending case, since overlapping proceedings can cause confusion about which order controls.
Choosing the right starting point
Whether to file a Family Court petition, start a divorce, or do both depends on what you need and how soon. Family Court can be a quicker route for an urgent support or protection need, while a divorce brings every issue into one case. In a first call we look at what orders are already in place, what is urgent, and whether a divorce is the next step now or later. We also check whether an existing order needs to be changed before anything else is filed. Bring any papers from either court and the dates of upcoming appearances. If you are not sure which court issued an order, the caption at the top of the first page usually says.
