uckahoe is an incorporated village in the Town of Eastchester. It is not a neighborhood of Bronxville, and it is not the unincorporated part of the Town. A Village of Tuckahoe resident files for divorce in the New York State Supreme Court for Westchester County, in White Plains — the same court that hears a divorce for a resident of any other Westchester municipality. Gregory Salant, family and matrimonial attorney and a partner at Harold, Salant, Strassfield & Rotbard, LLP, represents people who live in the Village of Tuckahoe. 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 Tuckahoe.
This page offers general information about New York law and about which court has the power to end a marriage. It is not tailored advice, and it does not forecast a particular outcome.
Village boundaries, mailing addresses, and the Town
Village Hall and the Village Justice Court are at 65 Main Street, Tuckahoe, NY 10707. The Village’s official election information page states that Tuckahoe is a village within the Town of Eastchester, as is the Village of Bronxville; that mailing addresses do not always align with village and town boundaries; and that it is possible to have a mailing address of Bronxville but live and vote in the Village of Tuckahoe. The same page notes that school-district lines do not necessarily follow village boundaries. Those facts matter for local government and for schools. They do not create a different divorce court.
This page is written for people who live in the Village of Tuckahoe.
Village Court at 65 Main Street
On the Village’s official court page, the Justice Court’s jurisdiction includes criminal and civil matters pertaining to Tuckahoe residents and businesses, as well as traffic violations committed within the Village boundaries. Court sessions are held in the Court Meeting Room on the second floor of Village Hall. None of that jurisdiction includes a divorce, an annulment, or a judgment of separation.
The Town of Eastchester Court, at 40 Mill Road, Eastchester, NY 10709, is a separate local court. It also cannot dissolve a marriage.
A divorce, an annulment, or a judgment of separation is granted only 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.
Two school districts in the Village
The Village’s official election page states that the Village of Tuckahoe is covered by two school boards, and that it is possible to live in the Village and pay taxes to the Eastchester School District rather than the Tuckahoe School District. The Town’s official snapshot also lists both Tuckahoe School District and Eastchester Union Free School District among the districts in the Town. Which district applies depends on the address and should be confirmed.
If the spouses have children, custody, parenting time, and child support are typically decided in the same Supreme Court case as the divorce. Best interests of the child is the standard the court applies. A child’s current school, whether in Tuckahoe School District or in Eastchester Union Free School District, may be relevant evidence. The statute does not automatically keep the child in that school or district, and it does not require equal parenting time. Where each parent will live, and how a schedule works when the districts differ, can matter. Those facts do not dictate a result. These issues are discussed on the child custody and parenting time page.
Tuckahoe Station
Tuckahoe Station is a Metro-North stop on the Harlem Line, according to the MTA’s station page. White Plains is also a Harlem Line stop. That may be useful for travel to the courthouse or to meetings with counsel at or near 81 Main Street, Suite 205. It does not change where the divorce is filed. This page does not state a route or travel time.
Commencing the action
A Tuckahoe case usually starts with a summons with notice, or a summons and verified complaint, filed and then served. Residency rules have to be satisfied as well; whether they are is a fact question that can be reviewed with counsel.
Domestic Relations Law § 170(7), the ground often called no-fault, is used in many cases. One spouse states under oath that the marriage has been irretrievably broken for at least six months. The court still withholds a judgment until financial and parenting issues have been settled or determined and are incorporated into the judgment. The statute lists seven grounds. The statewide framework is on the Westchester divorce and White Plains divorce pages.
The marital residence and other property
For a Tuckahoe household, the marital home can be a substantial asset and a practical housing question at the same time. Who remains in the house while the case is pending, whether a sale or a buyout will be used, and who pays the mortgage, taxes, and other carrying costs all depend on title, any separate-property contributions, the equity and the debt, and what else is in the marital estate. Neither spouse is automatically entitled to keep the house.
New York uses equitable distribution under Domestic Relations Law § 236(B). The division is supposed to be fair under the statutory factors, not a mandatory equal split, and not a community-property division. If a custodial parent needs to occupy or own the marital residence, the court may weigh that need. It is not a promise that the custodial parent will keep the home.
Income from a professional practice or business, deferred compensation, and equity awards come up in some Village matters. There is no single dollar threshold in the statute that makes a case “high-net-worth.” The high-net-worth divorce page covers identification, classification, and valuation.
Settling the issues, or trying them
When the parties have already agreed on, or nearly agreed on, all issues that have to be decided, the case may be able to move as an uncontested divorce. The papers must still be filed in Supreme Court in White Plains, which can request more information or an appearance. An agreed case is often the more efficient way to finish, but it is not a discounted form of representation.
If parenting time, the home, other property, or support remains open, the matter is contested. In Westchester that usually involves starting and serving the case, a preliminary conference, financial disclosure, possible applications for temporary relief, negotiation, and a trial in White Plains if the disputes are not resolved. Some matters settle; others go to trial. No typical timeline or outcome should be assumed.
Family Court, separately
Family Court cannot grant a divorce, an annulment, or a judgment of separation. Current Westchester County Family Court locations are the White Plains courthouse at 111 Dr. Martin Luther King Jr. Boulevard; the Yonkers courthouse at 131 Warburton Avenue, 3rd floor; and the New Rochelle courthouse at 26 Garden Street, 3rd floor. The court should be asked which site is correct for a particular filing. This page does not assign Tuckahoe residents to one of them.
Custody or support issues that are part of the divorce are generally handled in the Supreme Court case in White Plains. A family proceeding that is not part of the divorce may be heard in Family Court.
Requesting time with counsel
To discuss a Village of Tuckahoe divorce with Gregory Salant, schedule a consultation or call (914) 683-2500. Please do not include confidential or detailed case information in an unreviewed website form. Use of this website does not, by itself, create an attorney-client relationship.
It helps to bring papers already served, agreements or orders already entered, and a short list of questions you want to cover. Income-tax returns, a deed or mortgage statement, payroll or equity-award records, account statements, and financials for a business or practice are useful if you have them. Incomplete records need not delay a request 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 Tuckahoe divorce at Village Hall on Main Street?
No. The Justice Court at 65 Main Street cannot grant a divorce, and neither can the Town of Eastchester Court at 40 Mill Road. The papers are filed in Supreme Court, at 111 Dr. Martin Luther King Jr. Boulevard in White Plains.
My mail is addressed to Bronxville. Am I a Bronxville resident for purposes of the divorce court?
Not necessarily, and it does not matter for the filing court. The Village’s official election page states that it is possible to have a Bronxville mailing address but live and vote in the Village of Tuckahoe. A resident of the Village of Tuckahoe files a Westchester divorce in Supreme Court in White Plains, as a resident of Bronxville would.
If the Village has two school districts, does that control custody?
No. Official Village and Town sources both recognize that Tuckahoe homes may be in Tuckahoe School District or in Eastchester Union Free School District. The district depends on the address. Custody and parenting time are decided under a best-interests standard, not a requirement that a child remain in a given school or district.
Tuckahoe Station is on the Harlem Line. Is the courthouse a same-line trip, and does that change where I file?
Tuckahoe Station and White Plains are both on the Harlem Line, which may be useful for travel. It does not change the filing court. This page does not state a route or travel time.
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