Irvington is an incorporated village in the Town of Greenburgh. The Town of Greenburgh’s official villages page lists Irvington among the villages in the Town. Village government is centered at Village Hall, 85 Main Street, Irvington, NY 10533, but a divorce is not a Village Hall case. Gregory Salant represents people who live in the Village of Irvington. He is a family and matrimonial attorney and a partner at Harold, Salant, Strassfield & Rotbard, LLP. The firm’s only office is at 81 Main Street, Suite 205, in White Plains, the city where Westchester County divorce cases are heard. There is no firm office in Irvington.
The discussion that follows is general information about New York matrimonial procedure and about the court that hears these cases. It is not advice for your matter, and it is not a prediction of a result.
Village Court, and the court that grants a divorce
The Irvington Justice Court is in the lower level of Village Hall at 85 Main Street, Irvington, NY 10533; the Village’s official court page notes that the court entrance is on North Ferris Street. The court hears cases arising under criminal statutes, the Village Code, the Vehicle and Traffic Law, and other New York State laws, and it also hears civil claims, landlord-tenant disputes, and small claims. It has no power to grant a divorce, an annulment, or a judgment of separation.
The court that can grant a divorce is the New York State Supreme Court for Westchester County. It sits at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. Residence in the Town of Greenburgh does not change that filing court.
Filing the first papers
A Westchester case is ordinarily started by filing a summons with notice, or a summons and verified complaint, and then arranging for service. New York imposes residency requirements as well. Whether they are met is a question of fact and can be reviewed with an attorney.
People often proceed under Domestic Relations Law § 170(7), the no-fault ground. One spouse states under oath that the relationship has broken down irretrievably for at least six months. Even then, a judgment is not entered until the financial and parenting issues have been resolved or determined and written into the judgment. The statute contains seven grounds. The Westchester divorce and White Plains divorce pages describe the statewide framework in more detail.
Irvington Station on the Hudson Line
The MTA’s station page lists Irvington Station as a Metro-North stop on the Hudson Line. White Plains is served by the Harlem Line. Travel that begins on the Hudson Line is not a same-line trip to the courthouse, or to meetings with counsel at or near 81 Main Street, Suite 205. How a person travels there does not change where the divorce is filed. This page does not state a route or travel time.
Irvington Union Free School District
Irvington Union Free School District, with offices at 6 Dows Lane, Irvington, NY 10533, states that it serves Irvington and parts of Ardsley and Tarrytown. Because the district also serves parts of Ardsley and Tarrytown, the district for a particular home should be confirmed by address.
If children are involved, the Supreme Court divorce case ordinarily also decides custody, parenting time, and child support. The legal test is the child’s best interests. A current school, including a placement in Irvington Union Free School District if that district serves the home, can be relevant evidence. The law does not automatically keep the child there, and it does not automatically require equal parenting time. Each parent’s future residence, the school calendar, and the child’s ties to the Village can enter the analysis. They do not prescribe the outcome. More detail is on the child custody and parenting time page.
The house and other assets
Property issues in an Irvington divorce often start with the marital residence: temporary occupancy, a sale or a buyout, and responsibility for the mortgage, taxes, and other carrying costs while the case is pending. The answers depend on how title is held, whether either spouse made separate-property contributions, the size of the equity and the debt, and the other assets and liabilities in the marital estate. Neither spouse has an automatic right to the house.
Marital property is divided by equitable distribution under Domestic Relations Law § 236(B). The court is directed to reach a fair result under statutory factors. A fifty-fifty split is not required, and the state does not apply community-property rules. The court may consider a custodial parent’s need to occupy or take title to the marital residence. That factor is not a guarantee of an award of the home.
A professional practice, deferred compensation, equity awards, or a closely held business may appear in some Village estates. The statute does not use a dollar figure to label a case “high-net-worth.” The high-net-worth divorce page discusses identification, classification, and valuation.
Agreement, or issues still open
If you and your spouse have already resolved everything that has to be decided, or are nearly there, the matter may be able to go forward as an uncontested divorce. The papers still have to be filed in Supreme Court in White Plains, and the court can still request additional information or an appearance. Completing an agreed case this way is often more efficient than litigating open issues. It is not a discounted service.
If parenting, the house, other property, or support remains in dispute, the case is contested. From there, a Westchester matter typically moves through filing and service, a first conference, an exchange of financial information, requests for temporary orders if needed, settlement talks, and a trial in White Plains if the remaining issues stay open. Some cases settle; others go to trial. No standard timeline or result should be assumed.
Family Court cannot end the marriage
Family Court cannot dissolve a marriage or enter an annulment or a judgment of separation. The county currently maintains Family Court locations in White Plains (111 Dr. Martin Luther King Jr. Boulevard), Yonkers (131 Warburton Avenue, 3rd floor), and New Rochelle (26 Garden Street, 3rd floor). Confirm with the court which location is proper for a given petition. Irvington residents are not assigned to one of those three on this page.
If custody or support is tied to the divorce, those issues are generally resolved in the Supreme Court action in White Plains. A petition independent of the divorce may still belong in Family Court.
Requesting a consultation
To arrange a meeting with Gregory Salant about a Village of Irvington divorce, schedule a consultation or call (914) 683-2500. Please keep confidential or detailed case facts out of an unreviewed website form. Reaching the firm through this website does not, standing alone, create an attorney-client relationship.
A useful start is papers already received, any agreements or court orders already in effect, and a brief list of questions. Recent income-tax returns, a deed or mortgage statement, pay stubs or equity-award statements, account records, and, if they apply, business or practice financials are helpful when available. Missing records should not keep you from requesting a consultation.
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 the Justice Court in Village Hall grant an Irvington divorce?
No. The court in the lower level of Village Hall, at 85 Main Street, has no authority to grant a divorce. The action is brought in Supreme Court, at 111 Dr. Martin Luther King Jr. Boulevard in White Plains.
Does being a village in the Town of Greenburgh change the divorce court?
No. Irvington is a village in the Town of Greenburgh, not a separate town. The filing court is still Supreme Court in White Plains.
Because Irvington Station is on the Hudson Line, is the courthouse a same-line trip?
No. The Harlem Line, not the Hudson Line, serves White Plains. The existence of the station does not change the filing court. This page does not state a route or travel time.
The school district also serves parts of other communities. Does that decide custody?
No. Irvington Union Free School District states that it serves Irvington and parts of Ardsley and Tarrytown. Confirm the district by address. A child’s current school may be relevant under a best-interests standard; the law does not require that the child remain there.
Serving Westchester, Rockland, Putnam, Orange and Dutchess Counties, and the Bronx, Manhattan and the other New York City counties.
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