he Town of Pelham is made up of two villages: the Village of Pelham and the Village of Pelham Manor. They are not two separate towns, and a divorce for a resident of either village is filed in the same court. People who live in the Town of Pelham, including the Village of Pelham and Pelham Manor, are represented by Gregory Salant, a family and matrimonial attorney and partner at Harold, Salant, Strassfield & Rotbard, LLP. The firm’s only office is at 81 Main Street, Suite 205, White Plains, in the city where Westchester County divorce cases are heard. There is no firm office in Pelham or in Pelham Manor.
The discussion on this page is general information about New York matrimonial procedure and about which court hears these cases. It is not tailored advice, and it is not a forecast of any particular result.
Two villages in one town
The Town of Pelham’s official website states that two villages were incorporated within the Town: the Village of Pelham Manor, in 1891, and the Village of Pelham, in 1896. The Town’s official community page identifies the municipalities in the Town as the Village of Pelham, the Village of Pelham Manor, and Pelham Union Free School District. Town offices are at 34 Fifth Avenue, Pelham, NY 10803. The Village of Pelham’s offices are at 200 Fifth Avenue, Pelham, NY 10803. Pelham Manor Village Hall is at 4 Penfield Place, Pelham Manor, NY 10803. Living in one village or the other does not change the court that hears a Westchester divorce.
This page is written for people throughout the Town of Pelham.
Pelham Town Court, and the court that actually grants a divorce
The Town of Pelham’s official courts page states that the Town of Pelham Court adjudicates matters under the laws of the Villages of Pelham and Pelham Manor. The Town’s official courts page states that the Town of Pelham Court handles matters for both villages. Town Court has civil jurisdiction under applicable state and local law and criminal jurisdiction as applicable, including cases arising in both villages.
The same official page distinguishes two addresses. Fines may be paid in person at 34 Fifth Avenue, Pelham, NY 10803. Court sessions, including civil, village and town ordinance, parking, moving-violation, and criminal matters, are held at 20 Fifth Avenue, Pelham, NY. Neither address is a divorce court. Town Court cannot grant a divorce, an annulment, or a judgment of separation.
A Town of Pelham divorce is a case in the New York State Supreme Court for Westchester County, at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. That is true for residents of the Village of Pelham and of Pelham Manor.
Filing papers, residency, and grounds
A Town of Pelham divorce usually begins with a summons with notice, or a summons and verified complaint, filed and then served. Residency requirements also have to be satisfied; whether they are is a question of fact that can be reviewed when you meet with an attorney.
A common path is the no-fault ground in Domestic Relations Law § 170(7). One spouse attests, under oath, that the relationship has broken down irretrievably for no less than six months. The court still delays a judgment until financial and parenting issues have been settled or adjudicated and are built into the judgment. Seven grounds are set out in the statute. More background is on the Westchester divorce and White Plains divorce pages.
Pelham Union Free School District and children
Pelham Union Free School District, also referred to as Pelham Public Schools, has offices in the Sanborn Map Building, 629 Fifth Avenue, Pelham, NY 10803. The Town’s official community page names that district together with the two villages as the municipalities in the Town. The district for any particular address should still be confirmed.
When there are children, custody, parenting time, and child support are generally decided together with the divorce in Supreme Court. Best interests of the child is the standard. Attendance at a current school in the district can matter as evidence. It does not lock in a particular school, and it does not require an equal division of parenting time. Where each parent will live, how a schedule can be made to work during the school year, and a child’s ties to the Village of Pelham or to Pelham Manor may all be considered. They do not predetermine the outcome. These questions are discussed more fully on the child custody and parenting time page.
The marital home and the rest of the estate
In a Village of Pelham or Pelham Manor matter, the house may be the central asset, a temporary housing problem, or both. Who stays there during the case, whether a sale or a buyout is realistic, and who covers the mortgage, taxes, and other carrying costs all depend on title, any separate-property contributions, the equity and debt, and the remainder of the marital estate. Neither spouse is automatically entitled to the residence.
Domestic Relations Law § 236(B) requires equitable distribution — a fair result under the statutory factors, not a mandatory even split and not a community-property rule. If a custodial parent needs to remain in the home or to take title to it, that need may be considered. It is not a promise that the custodial parent will be awarded the house.
Professional-practice income, a closely held business, deferred compensation, or equity awards arise in some Town of Pelham cases and not in others. No single dollar figure in the statute labels a case “high-net-worth.” The high-net-worth divorce page addresses identification, classification, and valuation.
Pelham Station, Pelham Manor, and travel to White Plains
Pelham Station is a Metro-North stop on the New Haven Line, according to the MTA’s station page. Pelham Manor does not have a Metro-North station of its own. White Plains is a Harlem Line stop. A New Haven Line trip is not a same-line trip to the courthouse or to meetings with counsel at or near 81 Main Street, Suite 205. Travel options do not change the filing court, and no travel time is stated.
Agreed issues, and issues still in dispute
Spouses who have already reached a complete agreement, or are close to one, may be able to proceed with an uncontested divorce. The file must still be presented to Supreme Court in White Plains, which can ask for further papers or require an appearance. When the issues are genuinely settled, this is often the more efficient way to finish. It is not a lesser or reduced-fee form of representation.
If parenting, the residence, other assets, or support remain open, the matter is contested. A Westchester contested case commonly proceeds through filing and service, a first conference with the court, an exchange of financial information, applications for temporary orders if needed, negotiation, and a trial in White Plains if the remaining issues are not resolved. Some matters settle; others are decided after trial. No standard timetable or result should be assumed.
Family Court cannot end the marriage
Family Court is not the court that can enter a divorce, an annulment, or a judgment of separation. Current sites are 111 Dr. Martin Luther King Jr. Boulevard in White Plains; 131 Warburton Avenue, 3rd floor, in Yonkers; and 26 Garden Street, 3rd floor, in New Rochelle. Confirm with the court which of those buildings would hear a particular Family Court petition. This page does not assign residents of the Village of Pelham or of Pelham Manor to one of them.
Issues of custody or support that are tied to the divorce are generally resolved in the Supreme Court action in White Plains. A petition that is independent of the divorce may still belong in Family Court.
Requesting a consultation
To discuss a Town of Pelham or Pelham Manor divorce with Gregory Salant, schedule a consultation or call (914) 683-2500. Please do not send confidential or detailed case facts through an unreviewed website form. Use of this website, without more, does not create an attorney-client relationship.
It is helpful to bring papers you have received, existing agreements or court orders, and a short list of questions. Recent tax returns, a deed or mortgage statement, pay or equity-award documents, account statements, and, if relevant, business or practice financials can be useful when available. Incomplete records should not stop 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
Do I file a Pelham or Pelham Manor divorce at 34 Fifth Avenue or at 20 Fifth Avenue?
No. Town Court offices are associated with 34 Fifth Avenue, and sessions are held at 20 Fifth Avenue, but Town Court cannot grant a divorce for either village. Filing is in Supreme Court, at 111 Dr. Martin Luther King Jr. Boulevard in White Plains.
Is Pelham Manor its own town?
No. Pelham Manor is a village in the Town of Pelham, as is the Village of Pelham. A resident of either village files a Westchester divorce in Supreme Court in White Plains.
Does Pelham Manor have its own village court that can grant a divorce?
No. The Town’s official courts page states that Pelham Town Court adjudicates matters for both the Village of Pelham and the Village of Pelham Manor. That court still cannot grant a divorce.
Pelham Station is on the New Haven Line. Does that change where I file?
No. Pelham Station, and White Plains, are on different Metro-North lines. The New Haven Line is not a same-line trip to White Plains. The case is still filed in Supreme Court, and no travel time is stated on this page.
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