People who type “Rye” into a search for a divorce lawyer may live in the City of Rye or in the Town of Rye. Those are different municipalities. Gregory Salant, a family and matrimonial attorney and a partner at Harold, Salant, Strassfield & Rotbard, LLP, represents City of Rye residents in divorce matters. This page is written for people in the city. The filing court is the same if you live in the town. His only office is in White Plains, at 81 Main Street, Suite 205, in the city where Westchester County divorce cases are heard. There is no firm office in Rye.
What follows is general information about New York matrimonial law and about where a Westchester case is heard. It is not legal advice, and it does not forecast how any one case will be decided.
Two municipalities named Rye
The City of Rye is an independent city. City Hall is at 1051 Boston Post Road, Rye, NY 10580. In 1942, the Village of Rye was granted city status and became independent of the Town of Rye. The Town of Rye, by contrast, encompasses the Village of Port Chester, the Village of Rye Brook, and the Rye Neck section of the Village of Mamaroneck. Town offices are in Port Chester.
A divorce is not a Rye City Court case, and it is not a Town of Rye Justice Court case. The Town Justice Court, at 350 North Main Street in Port Chester, hears criminal, traffic, civil, and landlord-tenant matters in Port Chester, Rye Brook, and the Rye Neck section of Mamaroneck. It has no authority to grant a divorce, an annulment, or a judgment of separation. Rye City Court does not grant those judgments either. Residents of the city and of the town file in the New York State Supreme Court for Westchester County, which sits in White Plains.
Starting a Westchester divorce
The Westchester County Supreme Court is at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. A case typically begins when a summons with notice, or a summons and verified complaint, is filed and served. New York also imposes residency rules. Whether those rules are satisfied is a fact-specific question and can be reviewed when you meet with counsel.
Many people proceed on the no-fault ground in Domestic Relations Law § 170(7): an oath that the relationship has broken down irretrievably for at least six months. On that ground, judgment is withheld until the financial and parenting issues have been resolved or determined and then incorporated into the judgment. The statute lists seven grounds in all. The Westchester divorce and White Plains divorce pages discuss the framework in more detail.
Conferences, many court appearances, and meetings with counsel are ordinarily in White Plains, at or near 81 Main Street, Suite 205. Rye Station is on Metro-North’s New Haven Line, in the City of Rye. White Plains is served by the Harlem Line, a different line. The station is a fact about the city. It is not treated here as a route to the courthouse or to the office, and no travel time is given.
Parenting issues and the two school districts
If there are children, custody, parenting time, and child support are usually decided in the same Supreme Court case. New York uses a best-interests standard. A child’s current school or district is not locked in by a special rule, and no statute automatically awards equal parenting time.
School district lines around Rye do not simply follow the city or town boundary. Two public school districts serve families in the City of Rye: the Rye City School District and the Rye Neck Union Free School District, which also serves students from the Village of Mamaroneck. Which district applies depends on the address. Families in the Town of Rye may be in still other districts. Those facts can matter; they do not dictate a result. Parenting cases are discussed more fully on the child custody and parenting time page.
The house and the rest of the marital estate
The marital home is often both a major asset and a practical problem: who remains in the house while the case is pending, whether it will be sold or one spouse will buy the other out, and how the mortgage, taxes, and other carrying costs are paid. Title, any separate-property contributions, the equity and debt, and the rest of the estate all bear on those questions. One spouse does not automatically keep the house.
New York uses equitable distribution under Domestic Relations Law § 236(B). “Equitable” means a fair result under statutory factors. It does not mean an automatic 50-50 split, and New York is not a community-property state. One factor the court may weigh is the need of a custodial parent to occupy or own the marital residence. That factor is not a promise that the custodial parent will keep the home.
Some Rye matters also involve a professional practice, a business interest, deferred compensation, or equity awards. There is no single dollar cutoff that makes a case “high-net-worth.” Classification and valuation of those interests are discussed on the high-net-worth divorce page.
Settling the issues, or litigating them
If you and your spouse have already reached agreement on what must be decided — or are close — the matter may be able to move as an uncontested divorce. The papers still go to Supreme Court in White Plains, and the court may request more information or an appearance. When the issues are actually resolved, this route is often more efficient than trying open disputes. It is not a reduced-fee or lesser form of representation.
A case is contested when one or more issues remain open — parenting, the house, other property, or support. A contested Westchester matter commonly moves through commencement and service, a preliminary conference, financial disclosure, temporary applications, settlement talks, and, if necessary, a trial in White Plains. Some cases settle; some are decided by the court. There is no standard timetable or result.
When Family Court is involved — and when it is not
Family Court cannot grant a divorce, an annulment, or a judgment of separation. Those actions belong in Supreme Court. Westchester County Family Court currently sits in three places: 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. Which of those locations hears a particular Family Court petition should be confirmed with the court. This page does not assign City of Rye or Town of Rye residents to one of them.
Custody, parenting time, or support that is part of a divorce is generally handled in the Supreme Court case in White Plains. Family matters that are not part of a divorce may belong in Family Court.
Asking for a consultation
To talk through a divorce matter with Gregory Salant, schedule a consultation or call (914) 683-2500. Please do not put confidential or detailed case information in an unreviewed website form. Reaching the firm through this website does not, by itself, create an attorney-client relationship.
Papers already received, existing agreements or orders, and a short list of questions are useful to bring. If you have them, recent tax returns, a deed or mortgage statement, pay or equity-award records, account statements, and, where relevant, business or practice financials can help. Incomplete records should not keep you from asking for a meeting.
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 City of Rye divorce in Rye City Court?
No. Rye City Court does not grant divorces. Neither does the Town of Rye Justice Court at 350 North Main Street in Port Chester. A Westchester divorce is filed in Supreme Court, at 111 Dr. Martin Luther King Jr. Boulevard in White Plains.
Are the City of Rye and the Town of Rye the same place?
No. The City of Rye is an independent city, separate from the Town of Rye since 1942. The town encompasses Port Chester, Rye Brook, and the Rye Neck section of the Village of Mamaroneck. People in either municipality still file a Westchester divorce in Supreme Court in White Plains.
Can I take the New Haven Line from Rye Station to the courthouse as a same-line trip?
No. Rye Station is on the New Haven Line. White Plains is served by the Harlem Line. This page does not treat the station as a route to court and does not give a travel time.
The City of Rye has two public school districts. Does that control custody?
No. The parenting decision is made under a best-interests standard. An address in the city may be in the Rye City School District or in the Rye Neck Union Free School District, which also serves part of the Village of Mamaroneck. A child’s current district may be relevant; it does not control the result.
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