Buchanan is an incorporated village in the Town of Cortlandt. A resident of the Village is also a resident of the Town. The Village’s official contact page places Village Hall in the Municipal Building at 236 Tate Avenue, Buchanan, NY 10511. The same page lists a Village Justice, a mayor, a board of trustees, and a village administrator among the officials at that building, together with village police, fire, and water contacts. Those offices administer village government. They do not accept a summons for a Westchester divorce. Local village-court matters may be heard in the Village. A divorce is not.
The Town of Cortlandt has its own Town Court, and the City of Peekskill has a City Court. The Village of Croton-on-Hudson is another village in the Town. None of those neighboring courts grants a Buchanan divorce. Unincorporated parts of Cortlandt, including Cortlandt Manor as that name is used in official school-district materials, are likewise not a substitute for confirming whether a particular home is inside the Village of Buchanan.
A Buchanan resident seeking a divorce, an annulment, or a judgment of separation files that action in Supreme Court at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601.
Gregory Salant, a partner at Harold, Salant, Strassfield & Rotbard, LLP, appears for Buchanan residents in divorce and related family-law work. Meetings take place at 81 Main Street, Suite 205, in White Plains, the city where Westchester County divorce cases are heard. No Buchanan office is maintained.
The Municipal Building at 236 Tate Avenue
Village Hall is at 236 Tate Avenue. The official contact page identifies the Village Justice at that address. A village justice court still has no authority to grant a divorce, an annulment, or a judgment of separation. The Town Court in Cortlandt, described on the Cortlandt page, is a different local court and likewise cannot dissolve a marriage. The Municipal Building is the seat of village government; it is not a matrimonial courthouse. Filing papers at Tate Avenue will not commence a divorce in Supreme Court.
Hendrick Hudson School District, and children
Hendrick Hudson School District’s official About page states that, geographically, the district is comprised of Buchanan, Verplanck, Crugers, Montrose, and portions of Cortlandt Manor, Croton-on-Hudson, and Peekskill. The district lists its offices at 61 Trolley Road, Montrose, NY 10548. The district for a particular Buchanan home should still be confirmed by address. Verplanck is named on that official About page together with Buchanan; it is not a second village government for a Buchanan resident. The municipal line should be confirmed by address as well.
The district’s official school list includes Buchanan-Verplanck Elementary School. Naming a school in the Village does not decide custody. When children are involved, the divorce usually includes custody, parenting time, and child support. The standard is the best interests of the child. Enrollment may be relevant evidence. It does not, standing alone, require that the child stay in Hendrick Hudson School District, and it does not require an even split of time. The child custody and parenting time page explains the standard further.
How the case is commenced
The case begins with a summons with notice or a summons and verified complaint, which then has to be served. New York does not use a petition for dissolution to start a divorce.
Domestic Relations Law § 170 sets out the grounds. A frequently used ground is DRL § 170(7): one spouse states under oath that the relationship has broken down irretrievably, and that the breakdown has continued for at least six months. A judgment on that ground is not signed until the economic issues and any issues involving children have been resolved or decided and are incorporated in the judgment. The same section includes other grounds as well.
Residence can also matter under Domestic Relations Law § 230. Whether the statute is satisfied depends on the facts of the particular case. See the Westchester divorce and White Plains divorce pages for additional background.
A home in the Village, and other property
Property work under Domestic Relations Law § 236(B) starts with classification and continues with equitable distribution of what is marital. The statute is not a community-property regime and does not award half as a matter of course.
A residence on Tate Avenue, or in another part of the Village, is not decided by the Village line alone. The marital residence is often a central asset, along with pensions, deferred compensation, and any closely held business; among the statutory factors is a custodial parent's need to occupy or own the marital residence. Separate property is generally not divided. That protection can fail if the asset has been commingled. An increase in the value of separate property is marital to the extent it is due to the other spouse's contributions or efforts. The high-net-worth divorce page covers more complex holdings.
Agreed terms, or a trial of what is left
A written agreement that already covers every open issue often allows an uncontested divorce filing. That approach is often more efficient when the issues are resolved and is not a reduced fee. What is still contested may be tried.
Family Court remains a different forum
Family Court and Supreme Court divide the work differently. A divorce stays in Supreme Court. A standalone family-offense or support petition may be brought in Family Court, which sits at 111 Dr. Martin Luther King Jr. Boulevard, White Plains; at 26 Garden Street, 3rd floor, New Rochelle; and at 131 Warburton Avenue, 3rd floor, Yonkers. Which location hears a particular matter depends on the case.
Requesting a consultation
Reach the office at (914) 683-2500 or on the contact page to set a meeting with Gregory Salant. Hold confidential facts until then. Contacting the firm does not create an attorney-client relationship.
Helpful documents, when on hand, include served pleadings, tax returns, bank, retirement, and debt statements, a deed or lease for a Buchanan home, and notes about any child’s school.
Schedule a consultation · (914) 683-2500
Gregory Salant, Partner, Harold, Salant, Strassfield & Rotbard, LLP
81 Main Street, Suite 205, White Plains, NY 10601
(914) 683-2500 · gsalant@haroldsalant.com
Frequently asked questions
Can a divorce be filed at Village Hall, 236 Tate Avenue?
No. The Village’s official contact page places Village Hall, and the Village Justice, at that Municipal Building. Village Court cannot grant a divorce. The action is brought in Supreme Court in White Plains.
Because Buchanan is in the Town of Cortlandt, is Town Court the right court? What about Peekskill City Court?
No. A resident of the Village is also a resident of the Town, but neither Cortlandt Town Court nor Peekskill City Court can grant a divorce.
Is Buchanan the same municipality as Croton-on-Hudson?
No. Both are villages in the Town of Cortlandt. Each has its own village government. A Buchanan resident still files for divorce in Supreme Court in White Plains, as does a resident of Croton-on-Hudson.
The Hendrick Hudson School District About page includes Buchanan. Does that decide custody?
No. The district’s official About page also names other communities, including portions of Croton-on-Hudson and Peekskill. Confirm the district by address. Best interests of the child is the standard. A current school can be part of the proof. Remaining in that district, or dividing time equally, is not automatic.
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