The Town House at 335 Route 202 is the seat of Somers town government, and the Justice Court sits on its first floor. That is not where a divorce is filed. Gregory Salant is a family and matrimonial attorney and a partner at Harold, Salant, Strassfield & Rotbard, LLP. He represents people who live in the Town of Somers. Somers is a town, not a village. The firm’s only office is at 81 Main Street, Suite 205, White Plains. Westchester County divorce cases are heard in that city. There is no firm office in Somers.
Readers should treat this page as a general discussion of New York law and of the court that actually has the power to grant a divorce. It is not advice, and it is not an estimate of how any one matter will end.
The town, its hamlets, and Town Court
The Town of Somers’s official About page lists six hamlets within the town’s borders: Lincolndale, Shenorock, Granite Springs, Purdys, Baldwin Place, and Amawalk. Town House and the Justice Court are at 335 Route 202, Somers, NY 10589. On the town’s official court page, the courtroom is on the first floor of the Town House. Town Court handles misdemeanor criminal matters, felony arraignments, civil and small-claims actions, and motor-vehicle and Town ordinance violations. It cannot grant a divorce, an annulment, or a judgment of separation.
A divorce, an annulment, or a judgment of separation is obtained only in the New York State Supreme Court for Westchester County. That court sits at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. The discussion that follows is for people who live in the Town of Somers, including the hamlets named on the town’s official About page.
How a Somers divorce is started
The first filing is typically a summons with notice, or a summons and verified complaint. Those papers have to be served after they are filed. New York residency rules also apply, and whether they are met is a fact-specific question that can be reviewed with counsel.
Domestic Relations Law § 170(7), often called no-fault, is frequently used. One spouse states under oath that the marital relationship has been irretrievably broken for a period of at least six months. Even then, the court withholds a judgment until finances and parenting have been settled or decided and are set out in the judgment. The statute contains seven grounds in total. Background on the statewide rules appears on the Westchester divorce and White Plains divorce pages.
Conferences, many appearances, and meetings with counsel typically take place in White Plains, at or near 81 Main Street, Suite 205. This page does not state a route or travel time. How you get to White Plains does not change the court that hears the divorce.
Somers Central School District and parenting decisions
Somers Central School District, based at 250 Route 202 in Somers, is the local public school district for many families in the town. The district for any particular home still depends on the address; this page does not treat every Somers address as being in that district.
When the spouses have children, the Supreme Court case usually also decides custody, parenting time, and child support. Best interests of the child is the legal standard. A current school or district can be relevant evidence. It is not a command that the child remain there, and no statute automatically awards equal parenting time. The analysis often includes where each parent will live, how a schedule fits the school year, and the child’s community ties. Those facts do not predetermine the outcome. The child custody and parenting time page takes these questions up in more detail.
The marital home and the rest of the estate
For many Somers households, the residence is both a significant asset and a practical question of where each spouse will live while the case is pending. Counsel often looks at whether a sale or a buyout is realistic, and at who will cover the mortgage, taxes, and other costs of keeping the property in the meantime. Title, any separate-property contributions, the equity and the associated debt, and the rest of the marital estate all bear on those questions. Neither spouse is automatically awarded the house.
Under Domestic Relations Law § 236(B), marital property is subject to equitable distribution. Fairness under the listed factors is the goal, not a required even split and not a community-property rule. If a custodial parent needs to remain in the marital residence or to take title to it, the court may weigh that need. That factor, by itself, is not a right to retain the home.
Some Somers matters include a professional practice, a business interest, deferred compensation, or equity awards; others do not. The statute does not use a single dollar figure to label a case “high-net-worth.” The high-net-worth divorce page discusses how those interests are identified, classified, and valued.
An agreed case, or issues still in dispute
Couples who have already reached, or nearly reached, a complete agreement may be able to proceed with an uncontested divorce. The file still has to be presented to Supreme Court in White Plains, and the court may still ask for further papers or an appearance. When the issues are genuinely resolved, this route is often more efficient than trying what remains open. It is not a reduced-fee or lesser form of representation.
If parenting, the residence, other assets, or support are still open, the case is contested. In a Westchester contested matter the typical steps are starting and serving the action, appearing at a first court conference, exchanging financial information, seeking temporary orders if needed, negotiating, and, if the remaining issues stay open, trying the case in White Plains. Some matters settle; others are decided after trial. No standard timetable or result should be assumed.
Family Court is a different system
Family Court is not authorized to grant a divorce, 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 Family Court petition. This page does not assign Somers residents to one of those three.
Custody or support questions that belong to the divorce are generally handled in the Supreme Court action in White Plains. A petition that is independent of the divorce may still belong in Family Court.
Asking for a meeting
If you would like to meet with Gregory Salant about a Town of Somers divorce, schedule a consultation or call (914) 683-2500. Confidential or detailed case facts should not be put into an unreviewed website form. Submitting a form through this site, without more, does not create an attorney-client relationship.
It helps to bring papers already served, any agreements or orders already in place, and a short list of questions. Useful records, when you have them, include income-tax returns, the deed or a mortgage statement, pay records or equity-award paperwork, account statements, and, if a business or practice is involved, its financials. You need not wait for a complete file before 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 Somers divorce at the Town House on Route 202?
No. The Justice Court on the first floor of the Town House at 335 Route 202 cannot grant a divorce. Filing is in Supreme Court, at 111 Dr. Martin Luther King Jr. Boulevard in White Plains.
Are Lincolndale, Purdys, or the other hamlets separate towns?
No. The town’s official About page identifies Lincolndale, Shenorock, Granite Springs, Purdys, Baldwin Place, and Amawalk as hamlets within the Town of Somers. A resident of any of those hamlets still files a Westchester divorce in Supreme Court in White Plains.
Does Somers have a Metro-North station?
No station is located in the town; Purdy’s station, on the Harlem Line, is just over the line in North Salem. How you travel does not change the filing court, which is Supreme Court in White Plains.
Is every Somers address in Somers Central School District?
Not necessarily. That district, based at 250 Route 202, is the local public school district for many families in the town, but the district depends on the address. Custody and parenting time are decided under a best-interests standard; the law does not require a child to remain in a particular district.
Serving Westchester, Rockland, Putnam, Orange and Dutchess Counties, and the Bronx, Manhattan and the other New York City counties.
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this website is general information, not legal advice.