Which Court Do I File In? New York Family Law
Supreme Court or Family Court? Answer two or three questions and get the right court, the right courthouse, and what it will cost to file — for Erie, Niagara, and anywhere else in New York.
Informational only — not legal advice.What do you need the court to do?
Pick the single thing that matters most right now. If more than one applies, choose the one that is most urgent — we will flag the overlap in the result.
Which part of the judgment needs to change?
This decides whether Family Court can hear it or whether you must go back to the Supreme Court that granted the divorce.
Which county?
Generally the county where you live, where your spouse lives, or where the children have been living.
Supreme Court vs. Family Court in New York
New York splits family law between two trial courts, and the split confuses almost everyone — not least because the court named “Supreme” is the trial court, not the appeals court. The short version: only the Supreme Court can end a marriage. Family Court can do most of the other things, faster and for free, but it cannot grant a divorce, cannot divide marital property, and cannot decide who keeps the house.
| Relief you need | Supreme Court | Family Court |
|---|---|---|
| Divorce, annulment, legal separation | Yes — exclusive | No |
| Equitable distribution of property | Yes — exclusive | No |
| Spousal maintenance in a divorce | Yes — exclusive | No |
| Spousal support (not divorcing) | Yes | Yes — FCA Article 4 |
| Custody & visitation | Yes (inside a divorce) | Yes — concurrent, FCA Art. 6 |
| Child support | Yes (inside a divorce) | Yes — concurrent, FCA Art. 4 |
| Order of protection / family offense | Yes | Yes — concurrent, FCA § 812 |
| Paternity | Yes | Yes — FCA Art. 5 |
| Adoption & guardianship | Yes (Surrogate’s Court also) | Yes |
| Filing fee | Index number, RJI, Note of Issue | None |
After the divorce: who keeps jurisdiction?
Once your divorce judgment is signed, the two courts divide the aftermath. Child support and custody can be modified or enforced in Family Court — that is the ordinary route under Family Court Act § 451, and it is faster and free. Spousal maintenance is different: Family Court can generally enforce maintenance but can only modify it when the divorce judgment expressly says so (Family Court Act § 466). Property division never leaves the Supreme Court that granted the divorce — if a QDRO was never entered or your ex will not sign the deed, that is a Supreme Court motion.
Erie and Niagara County courthouses at a glance
| Court | Address | What it handles |
|---|---|---|
| Erie County Supreme Court | 25 Delaware Avenue Buffalo, NY 14202 E-filing through NYSCEF is mandatory |
Divorce, annulment, legal separation, equitable distribution, spousal maintenance, QDROs, custody & support inside a divorce |
| Erie County Family Court | 1 Niagara Plaza Buffalo, NY 14202 |
Custody & visitation, child support, paternity, family offense & orders of protection, adoption, guardianship |
| Niagara County Supreme Court | 175 Hawley Street Lockport, NY 14094 |
Divorce, annulment, legal separation, equitable distribution, spousal maintenance, QDROs |
| Niagara County Family Court | 775 Third Street Niagara Falls, NY 14301 |
Custody & visitation, child support, paternity, family offense & orders of protection, adoption, guardianship |
Phone numbers, hours, parking, and security-screening tips for each building are in our Western New York Courthouse Guide.
Filing in the wrong court costs you months
The two most common misfilings we see in Western New York: a spouse files a Family Court custody petition when a divorce is already pending in Supreme Court — which usually gets dismissed or swept into the divorce — and a former spouse files in Family Court to enforce a property provision of the judgment, which Family Court has no power to touch. Both cost a court date and, sometimes, leverage. If you are unsure which side of the line your problem falls on, ask before you file.
Related: Courthouse Guide · Can I file in New York? · Buffalo divorce attorney · Niagara County
Disclaimer: This tool routes common family law matters between the New York Supreme Court and Family Court based on the answers you give. It is general information, not legal advice, and does not create an attorney-client relationship. Jurisdiction can turn on facts a short questionnaire cannot capture — a pending action in another county or state, an existing order, interstate custody under the UCCJEA, or an emergency. Confirm with a licensed New York attorney before filing. Weinrieb Law — 5555 Main Street, Suite 5, Williamsville, NY 14221 · (716) 759-4529.
Frequently Asked Questions About New York Court Jurisdiction
Which court handles divorce in New York — Supreme Court or Family Court?
Only the Supreme Court can grant a divorce in New York. Despite the name, Supreme Court is New York's trial-level court of general jurisdiction, and it is the sole court with the power to dissolve a marriage, divide marital property, and award spousal maintenance in a divorce. Family Court cannot grant a divorce under any circumstances.
What can Family Court do that Supreme Court can't?
Nothing, strictly speaking — Supreme Court has jurisdiction over everything Family Court does. The practical difference is access and cost: Family Court is designed for people without lawyers, filings are free, and it hears custody, visitation, child support, spousal support between spouses who are not divorcing, paternity, family offense petitions and orders of protection, adoption, and guardianship. Many of these are concurrent with Supreme Court under Family Court Act § 115.
Can Family Court change the child support in my divorce judgment?
Yes. Under Family Court Act § 451, Family Court has continuing jurisdiction to modify and enforce the child support provisions of a Supreme Court divorce judgment, and this is the usual, faster, cheaper route. Spousal maintenance is different: Family Court can generally enforce a maintenance award but can only modify it if the Supreme Court judgment or order expressly gives it that power (FCA § 466). Anything touching property division stays in Supreme Court.
Where do I file for divorce in Erie County?
Erie County Supreme Court, 25 Delaware Avenue, Buffalo, NY 14202. Erie County requires electronic filing through NYSCEF (nyscef.ny.gov) for matrimonial matters, so the case is filed online rather than at a counter. Erie County Family Court is a separate building at 1 Niagara Plaza, Buffalo, NY 14202.
Can I file in Family Court for custody if I'm already divorcing in Supreme Court?
Generally no — once a matrimonial action is pending, the Supreme Court takes custody and support as part of the divorce, and filing a duplicate Family Court petition risks having it dismissed or consolidated. The exception is a family offense petition seeking an order of protection, which can proceed in Family Court even during a divorce because the two courts have concurrent jurisdiction under Family Court Act § 812.
Is it cheaper to file in Family Court than Supreme Court?
Yes. Family Court petitions carry no filing fee. A New York divorce requires purchasing an index number and paying for a Request for Judicial Intervention and a Note of Issue, which together run several hundred dollars in court fees before any attorney time. That cost difference is one reason unmarried parents, or married parents not yet ready to divorce, often start in Family Court.