Thinking about divorce might bring up a lot of questions. One of them could be whether the highest court in the country can actually stop one. Let’s break down how the Supreme Court fits into the divorce process.
The U.S. Supreme Court does not directly handle divorce cases. Divorce is usually a state issue, meaning local family courts deal with it. These courts follow state laws that guide property division, custody, and support. The Supreme Court only gets involved if a case brings up a constitutional question. So, if there’s no constitutional issue, the Supreme Court won’t step in.
A court can deny a divorce, but not the Supreme Court. Family courts can refuse a divorce if you don’t meet New York’s requirements. This might happen if there’s no valid reason for divorce or if the correct paperwork isn’t filed. But once everything meets legal standards, the court usually grants the divorce.
The Supreme Court only reviews divorce cases when they involve federal law or rights protected by the Constitution. For example, if a divorce ruling discriminates based on gender or religion, it might be appealed up to the Supreme Court. Even then, the Court chooses which cases to hear. Most divorce cases never reach that level.
Knowing which court handles what can help you focus your efforts. If you’re dealing with a divorce, it’s best to understand your state’s rules first. The Supreme Court has a specific job and rarely steps into personal matters like divorce unless bigger legal issues are at play.
For experienced help with custody, visitation, child support or property division, call our Williamsville office at 716-631-4841 or use our convenient contact form to schedule an appointment.
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