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Legal Assistance for Your Family's Journey: Legal Counsel in New York City.

Empowering Families with Compassionate Legal Advocacy

Navigating New York Family Law: An Authoritative Guide for Long Island, Nassau, Suffolk, and NYC

Family law matters are among the most personal and consequential legal challenges an individual can face. These are not mere disputes over contracts or property; they involve the very fabric of your life—your children, your financial security, and your future. For over two decades, I have dedicated my practice to guiding clients through the intricate and often emotionally charged landscape of New York family law. At Law Offices Of SRIS, P.C., we understand that when you seek our counsel, you are entrusting us with what matters most. We honor that trust with seasoned judgment, unwavering advocacy, and a deep, practical understanding of the courts throughout Long Island, Nassau County, Suffolk County, and the five boroughs of New York City.

This guide is born from thousands of hours in consultation rooms and courtrooms. It is designed to provide you with the foundational knowledge needed to face your family law issue not with fear, but with clarity and a sense of direction. Whether you are contemplating divorce, fighting for custody of your children, or seeking to protect your assets, the path forward begins with understanding the law and your rights.

Key Takeaways: Your First Steps in a NY Family Law Matter

  • Jurisdiction is Key: In New York, divorces are handled in the Supreme Court, while many other family matters (like custody for unmarried parents) are heard in Family Court. Understanding which court has authority over your case is a critical first step.
  • New York is an Equitable Distribution State: When it comes to divorce, marital property is not automatically split 50/50. The court divides assets and debts “equitably,” or fairly, based on numerous factors outlined in the Domestic Relations Law.
  • The “Best Interests of the Child” Standard is Absolute: In any custody or visitation dispute, every decision made by a New York court is guided by a single principle: what is in the best interests of the child. This is a complex standard that considers many aspects of the child’s life.
  • Statutory Formulas Drive Support Obligations: Both child support and spousal support (maintenance) are heavily influenced by statutory formulas. The Child Support Standards Act (CSSA) provides a mathematical calculation, while spousal support guidelines provide a framework for the court.
  • Proactive Planning Can Protect Your Future: Legal instruments like prenuptial and postnuptial agreements are not just for the wealthy. They are powerful tools for any couple wishing to define their financial landscape and minimize potential conflict in the future.
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Table of Contents

Understanding the Stakes in a New York Family Law Case

When you enter the New York family law system, the stakes are profoundly high, impacting your parental rights, financial stability, and long-term security. The outcomes of these cases, governed by the Domestic Relations Law and Family Court Act, can dictate your relationship with your children, how your marital assets are divided, and your financial obligations for years to come. Missteps can have lasting and often irreversible consequences.

The emotional toll of a family law dispute is immense, but the legal and financial ramifications are just as significant. A judge in the Nassau County Supreme Court or the Suffolk County Family Court can issue orders that have the full force of law, governing the most intimate aspects of your life.

Consider the financial stakes. In a high-net-worth divorce in Manhattan or The Hamptons, the division of assets under New York’s Equitable Distribution Law (DRL § 236) can involve complex business valuations, hidden asset investigations, and the allocation of multi-million dollar investment portfolios. The determination of what constitutes “marital property” versus “separate property” can shift the financial outcome by millions.

Then, there are the parental stakes, which are arguably the most important. A custody determination dictates who makes the major decisions for your child (legal custody) and where the child will live (physical custody). A poorly handled custody case can result in a diminished role in your child’s life, restrictions on your ability to relocate, and a parenting schedule that is simply unworkable.

Furthermore, court orders regarding child support and spousal support create long-term financial obligations. An incorrectly calculated support award, one that fails to properly account for all income sources or necessary expenses, can lead to years of financial hardship for either the payor or the recipient. Failure to comply with these orders can lead to severe enforcement actions, including wage garnishment, suspension of licenses, and even incarceration. This is why having a seasoned legal advocate is not a luxury; it is a necessity.

Our Comprehensive Family Law Practice Areas

At Law Offices Of SRIS, P.C., we provide knowledgeable representation across the full spectrum of New York family law. Our decades of experience mean we are not just familiar with the law; we are deeply familiar with the judges, the procedures, and the unique legal culture of the courts in Long Island and the surrounding New York City area.

Divorce and Legal Separation

Navigating a divorce in New York requires a thorough understanding of grounds, equitable distribution, and the procedural complexities of the Supreme Court. Whether pursuing an uncontested divorce through negotiation or litigating a contested, high-net-worth case in Suffolk or Nassau County, the goal is to dissolve the marriage while protecting your financial future and parental rights under the Domestic Relations Law.

New York became a “no-fault” divorce state, meaning you can file for divorce on the grounds that the marriage has been irretrievably broken for a period of at least six months. While this simplified the process of initiating a divorce, it did not simplify the resolution of the critical issues within it. Our attorneys handle every facet of the divorce process, including:

  • Contested vs. Uncontested Divorce: We guide clients toward efficient, amicable resolutions through negotiation or mediation whenever possible. However, when a spouse is unreasonable or issues are complex, we are formidable litigators, prepared to protect your interests in court.
  • High-Net-Worth Divorce: We have significant experience in cases involving substantial assets, including business ownership, professional practices, real estate portfolios, and complex investments.
  • Legal Separation: For clients who wish to live apart and formalize their financial and custodial arrangements without terminating the marriage, we draft comprehensive legal separation agreements.

Child Custody and Visitation

Child custody determinations in New York are based exclusively on the “best interests of the child.” This is a multifaceted legal standard requiring a careful presentation of facts related to each parent’s ability to provide a stable, nurturing environment. From establishing initial parenting plans in Queens to modifying existing orders in Brooklyn, our focus is on achieving a custody arrangement that fosters your child’s well-being.

Few issues are more contentious than child custody. As a seasoned attorney, I have seen firsthand how these disputes can impact children. Our approach is always child-centric, focused on creating stability and minimizing conflict. We represent mothers, fathers, and grandparents in all matters of custody and visitation, including:

  • Legal and Physical Custody: We clarify the difference between legal custody (decision-making authority) and physical custody (where the child resides) and advocate for the arrangement that best suits your family’s circumstances.
  • Parenting Plans and Visitation Schedules: We help create detailed, practical parenting plans that prevent future conflict by clearly outlining schedules for holidays, vacations, and daily life.
  • Relocation Cases: If you need to move with your child, or if you are opposing a move, we provide the strong advocacy required for these complex petitions.
  • Fathers’ and Mothers’ Rights: We are staunch advocates for the rights of both parents, ensuring that gender plays no role in the court’s determination.

Child Support

Child support in New York is primarily determined by a statutory formula known as the Child Support Standards Act (CSSA). This calculation is based on the parents’ combined income up to a certain cap, but courts can deviate from the formula. We ensure calculations are accurate, all income is disclosed, and any unique circumstances, like high income or special needs, are properly addressed.

While the CSSA appears straightforward, its application can be complex. The definition of “income” is broad, and failing to account for bonuses, commissions, or investment income can lead to an unjust support order. We assist clients by:

  • Ensuring Accurate Calculations: Verifying that all income sources from both parties are correctly identified and applied to the formula.
  • Handling High-Income Cases: Advocating for fair support amounts when parental income exceeds the statutory cap, where the court has more discretion.
  • Modification and Enforcement: Assisting clients in modifying support orders when financial circumstances change significantly, and pursuing enforcement actions when a parent fails to pay their court-ordered obligation.

Spousal Support (Maintenance/Alimony)

Spousal support, now called “maintenance” in New York, is designed to provide financial assistance to a less-monied spouse during and after a divorce. Its amount and duration are calculated using statutory guidelines, considering factors like the length of the marriage and the income disparity between the parties. We advocate for fair maintenance awards, whether you are the potential payor or recipient.

The laws governing spousal support have undergone significant changes in recent years. There are now specific formulas for calculating both temporary maintenance (paid while the divorce is pending) and post-divorce maintenance. The duration of payments is also often tied to the length of the marriage. Our role is to:

  • Apply the Guidelines Correctly: Ensure the maintenance formulas are applied using accurate income figures.
  • Argue for Deviations: Present compelling arguments to the court for why it should deviate from the guideline amount when circumstances warrant it.
  • Address Tax Implications: Advise clients on the current tax laws regarding spousal support, which are no longer tax-deductible for the payor or taxable income for the recipient on federal returns for agreements post-2018.

Equitable Distribution of Assets and Debts

New York’s Equitable Distribution law requires a fair, not necessarily equal, division of all “marital property.” The process involves identifying, valuing, and distributing assets and debts acquired during the marriage. This is often the most complex aspect of a divorce, particularly when involving businesses, professional licenses, or retirement funds.

The first crucial step is to differentiate between marital property (generally, anything acquired during the marriage) and separate property (assets acquired before the marriage, inheritances, or gifts to one spouse). This distinction can be fiercely litigated. We bring a meticulous, detail-oriented approach to:

  • Asset Discovery and Valuation: Using forensic accountants and other financial professionals when necessary to locate and accurately value all marital assets, including those a spouse may attempt to conceal.
  • Division of Complex Assets: Handling the division of businesses, professional practices, stock options, and retirement accounts like 401(k)s and pensions through Qualified Domestic Relations Orders (QDROs).
  • Debt Allocation: Ensuring that marital debts are also distributed equitably between the parties.

Marital Agreements (Prenuptial & Postnuptial)

A prenuptial or postnuptial agreement is a proactive legal tool that allows a couple to define their financial rights and obligations in the event of a divorce or death. A valid marital agreement in New York must be in writing, signed, and properly acknowledged. It can provide certainty and significantly reduce the potential for future conflict and litigation.

These agreements are no longer viewed as planning for failure but as a practical component of modern marriage planning. They can be particularly valuable when there is a disparity in wealth, children from a previous relationship, or ownership in a family business. We provide counsel in:

  • Drafting Custom Agreements: Creating clear, fair, and enforceable prenuptial and postnuptial agreements tailored to your specific circumstances.
  • Reviewing Agreements: Advising clients who have been presented with an agreement, ensuring they understand its terms and that their rights are protected before they sign.
  • Challenging and Defending Agreements: Litigating the validity of marital agreements when there are claims of fraud, duress, or unconscionability.

Domestic Violence and Orders of Protection

An Order of Protection is a serious court order that can be issued by either the Family Court or the Supreme Court to prevent domestic violence, harassment, or other “family offenses.” Obtaining or defending against such an order has immediate and significant consequences, potentially impacting custody rights and even resulting in criminal charges if violated.

Our firm handles these sensitive matters with the urgency and discretion they require. We represent both petitioners seeking protection and respondents who have been served with a petition. Our services include:

  • Filing Family Offense Petitions: Assisting victims of domestic violence in quickly obtaining temporary and final Orders of Protection to ensure their safety.
  • Defending Against False Allegations: Vigorously defending clients who have been falsely accused, as an Order of Protection can be wrongfully used as a tactic in a contentious divorce or custody battle.
  • Navigating Court Proceedings: Representing clients at hearings in the Family and Supreme Courts across Long Island and NYC to present evidence and argue for or against the issuance of a final order.
The New York Family Law Process: A General Overview

Navigating the legal system can be disorienting. While every case is unique, most family law matters follow a general pathway through the New York State Unified Court System.

  1. Initiation: The case begins when one party (the Plaintiff or Petitioner) files a foundational document with the court. In a divorce, this is a Summons and Complaint, filed in the Supreme Court. In a custody or support case between unmarried parents, it’s a Petition, filed in Family Court.
  2. Service: The other party (the Defendant or Respondent) must be formally “served” with the court papers, providing them with legal notice of the action.
  3. Response and Preliminary Orders: The responding party files an Answer or other responsive pleading. At this early stage, either party can ask the court for “pendente lite” or temporary relief, such as temporary custody, support, or an order preventing the sale of assets while the case is ongoing.
  4. Discovery (Disclosure): This is the information-gathering phase. Both sides exchange financial documents (tax returns, bank statements, pay stubs) and other relevant information. In complex cases, this may involve depositions (sworn testimony outside of court) and interrogatories (written questions).
  5. Negotiation and Settlement: The vast majority of family law cases are resolved by agreement, not by trial. Throughout the process, the attorneys will negotiate to try and reach a settlement on all issues. This can be done directly, in four-way meetings, or with the help of a mediator.
  6. Trial: If the parties cannot agree, the case will proceed to trial. A judge will hear testimony, review evidence, and make a final binding decision on all contested issues.
  7. Judgment and Post-Judgment Actions: The court’s final decision is memorialized in a Judgment of Divorce or a Final Order. Even after a case is “over,” issues can arise, leading to post-judgment actions for modification or enforcement of the court’s orders.
The SRIS New York Family Law Initial Assessment Guide Tool

To feel in control of your situation, you must first get organized. Over my years of practice, I’ve seen that clients who are prepared from day one are often better positioned for a favorable outcome. That is why we developed the New York Family Law Initial Assessment Guide. This is not legal advice, but a structured framework to help you gather the critical information and documents you and your attorney will need.

Step 1: Define Your Primary Objectives

Before diving into the details, clarify what you hope to achieve. Be as specific as possible.

  • Custody Goal: (e.g., “50/50 joint legal and physical custody,” “Primary physical custody with final decision-making on education.”)
  • Financial Goal: (e.g., “Remain in the marital home,” “Receive spousal support for five years,” “Protect my separate property inheritance.”)
  • Timeline Goal: (e.g., “Resolve this amicably within six months,” “Finalize the divorce before the end of the tax year.”)

Step 2: Gather Essential Personal Documents

Locate and make copies of the following for yourself, your spouse, and your children:

  •  Photo IDs and Social Security cards
  •  Birth certificates
  •  Marriage certificate
  •  Passports

Step 3: Compile a Preliminary Financial Snapshot

Create a comprehensive list of all known assets and debts. This is a starting point for the formal discovery process.

  • Assets:
  •  Real Estate (marital home, vacation properties, rental properties): Addresses, deeds, mortgage statements, recent appraisals.
  •  Bank Accounts: Statements for all checking, savings, and money market accounts for the last 3-5 years.
  •  Investments: Statements for brokerage accounts, stocks, bonds, mutual funds.
  •  Retirement: Statements for 401(k)s, IRAs, pensions, and other retirement plans.
  •  Vehicles, Boats, etc.: Titles, registration, loan statements.
  •  Business Interests: Tax returns, profit/loss statements, partnership agreements.
  •  Valuable Personal Property: List of significant jewelry, art, or collectibles.
  • Debts:
  •  Mortgages and home equity lines of credit.
  •  Credit card statements.
  •  Auto loans.
  • Student loans.
  •  Personal loans.

Step 4: Document Income for Both Parties

Collect the following documents for both you and your spouse:

  •  Pay stubs for the last six months.
  •  W-2s, 1099s, and K-1s for the last 3-5 years.
  •  Personal and business tax returns for the last 3-5 years.

Step 5: Prepare a Narrative

Write a brief, chronological summary of your relationship and the key events leading to your current situation. Include dates of marriage, separation, and any other significant milestones. This narrative will be an invaluable reference for your attorney.

Completing this guide will provide you with a tangible sense of organization and empower you for the first meeting with your legal counsel.

Our Team

Experienced Attorneys Who Are Here To Help You!

Criminal Defense & Family Law


Mr. SRIS Licensed in VA, MD, NJ, NY, DC
Owner & CEO – Former Prosecutor

Family, Criminal & Traffic Law


STEVEN GARFINKLE Licensed in NJ, NY
(Of Counsel)
Strategic Approaches in Family Law Litigation

While settlement is always the preferred route, a successful outcome often depends on being thoroughly prepared for litigation. A strong litigation strategy sends a clear message to the other side that you are serious about protecting your rights.

  • Leveraging Financial Experts: In cases with complex assets, the right expert can be determinative. A forensic accountant can trace hidden assets, a business valuator can provide an accurate assessment of a professional practice, and a vocational expert can assess a spouse’s earning potential. We maintain a network of trusted professionals to support our clients’ cases.
  • The Strategic Use of Motions: A motion is a formal request to the court for a specific order. Well-timed motions can shape the battlefield of a case. For example, a motion for temporary support can provide immediate financial relief, while a motion to appoint an attorney for the child can ensure the child’s voice is independently represented in a high-conflict custody case.
  • Meticulous Discovery: The discovery process is not just about exchanging papers. It’s about asking the right questions. We craft detailed document demands and interrogatories designed to uncover the information needed to build a strong case at trial. We leave no stone unturned in the pursuit of the facts.
  • Presenting a Compelling Narrative at Trial: If a case goes to trial, victory depends on presenting a clear, credible, and compelling narrative to the judge. This involves careful preparation of witness testimony, selection of persuasive exhibits, and a deep understanding of the rules of evidence. My two decades in the courtroom have honed my ability to tell my client’s story in a way that resonates with the court.
Common, Costly Mistakes to Avoid in Your Case

In my years of practice, I have seen clients make the same preventable mistakes, often driven by emotion or bad advice. Avoiding these pitfalls is critical.

  1. Hiding Assets or Income: This is one of the worst mistakes you can make. It destroys your credibility with the court, can result in severe financial penalties, and will almost certainly lead to the judge ruling against you on discretionary issues. Full and frank financial disclosure is required by law.
  2. Using Children as Pawns: Never speak negatively about the other parent to your children or use them to relay messages. Judges in New York Family and Supreme Courts are highly attuned to this behavior and will penalize a parent who does not foster a positive relationship between the child and the other parent.
  3. Posting on Social Media: Assume that everything you post online will be used as an exhibit against you in court. Photos of lavish vacations while claiming you cannot afford support, or posts disparaging your spouse, can be incredibly damaging to your case. It is best to refrain from posting entirely while your case is pending.
  4. Waiting Too Long to Seek Legal Counsel: Trying to handle matters on your own or waiting until a crisis erupts can put you at a significant disadvantage. Early legal advice allows you to understand your rights and avoid making critical errors from the outset.
  5. Choosing an Attorney Based on Aggressiveness Alone: An overly aggressive “bulldog” attorney can sometimes escalate conflict, leading to higher legal fees and a worse outcome, especially where children are involved. You need a seasoned, strategic advocate who knows when to negotiate and when to fight.
  6. Ignoring Court Orders: A temporary order from a judge is not a suggestion; it is a mandate. Violating a temporary order for custody, support, or an Order of Protection will have severe repercussions and will signal to the judge that you are not to be trusted.
Glossary of Essential New York Family Law Terms
  • Commencement Date: The date a legal action, like a divorce, is officially started by filing papers with the court.
  • Domestic Relations Law (DRL): The primary body of New York statutes governing divorce, separation, annulment, and marital agreements.
  • Equitable Distribution: The legal principle in New York that marital assets and debts should be divided fairly, but not necessarily equally, upon divorce.
  • Family Court Act (FCA): The body of New York statutes that governs matters heard in Family Court, such as custody and support for unmarried couples, paternity, and family offenses.
  • Marital Property: Generally, all property acquired by either or both spouses during the marriage and before a separation agreement or commencement of a divorce action, regardless of whose name is on the title.
  • Pendente Lite Relief: Latin for “pending the litigation.” These are temporary orders for support, custody, or attorneys’ fees that are put in place while the divorce is ongoing.
  • Separate Property: Property that is not subject to equitable distribution. This includes assets acquired before the marriage, inheritances, gifts to one spouse from a third party, and personal injury compensation.
Common Scenarios We Handle
  • Scenario 1: The Long Island High-Asset Divorce. A surgeon in Nassau County wants to divorce her husband, a stay-at-home parent. Their assets include the marital home in Garden City, a vacation home in The Hamptons, a multi-million dollar investment portfolio, and her surgical practice. The key issues are valuing the surgical practice, determining the husband’s claim to a portion of it, calculating spousal and child support based on a high income, and developing a custody plan that recognizes the contributions of both parents.
  • Scenario 2: The Suffolk County Custody Modification. A father in Riverhead has a custody order that was established three years ago. His ex-partner, the primary residential custodian, now has a substance abuse problem and is not ensuring their child gets to school. The father needs to file a petition in Suffolk County Family Court to modify the existing order and seek immediate temporary custody to protect his child’s welfare.
  • Scenario 3: The Brooklyn Prenuptial Agreement Review. A young tech entrepreneur in Brooklyn is about to get married. His fiancée has been presented with a prenuptial agreement drafted by his family’s attorney. She needs an independent attorney to review the document, explain its long-term implications, negotiate fairer terms regarding the treatment of assets created during the marriage, and ensure she is not waiving her right to spousal support unadvisedly.

Frequently Asked Questions (FAQ)

An uncontested divorce, where both parties agree on all terms, can be finalized in as little as a few months. A contested divorce, especially one involving complex assets or custody disputes, can easily take over a year or longer to resolve through negotiation or trial.

The cost varies dramatically depending on the complexity of the case and the level of conflict between the parties. An amicable, uncontested matter will cost significantly less than a case that requires extensive discovery, motion practice, and a trial.

Even in an uncontested divorce, you are interacting with the court system by filing papers. However, if you and your spouse sign a comprehensive settlement agreement, you will likely never have to appear before a judge. Your attorneys will submit the paperwork for the judge to sign, finalizing your divorce "on paper."

The Supreme Court has exclusive jurisdiction over divorce proceedings. It is the only court that can grant a divorce. The Family Court handles cases involving custody, visitation, child support, and orders of protection for unmarried individuals, as well as paternity and juvenile delinquency matters. While a divorce is pending, the Supreme Court can also decide all issues related to custody and support.

A judge decides custody based on the "best interests of the child." This is a holistic standard. The court will consider many factors, including each parent's home environment, their physical and mental health, their ability to foster a relationship with the other parent, the child's preference (depending on age and maturity), and any history of domestic violence.

You may be entitled to spousal maintenance if there is a significant disparity in income and earning capacity between you and your spouse. The court uses a formula based on both parties' incomes and the length of the marriage to determine the guideline amount and duration.

The marital home is an asset subject to equitable distribution. It may be sold with the proceeds divided, one spouse may buy out the other's interest, or, in some cases, the custodial parent may be granted exclusive use and occupancy of the home for a period of time, often until the youngest child graduates high school.

If you suspect your spouse is hiding assets, it is crucial to inform your attorney immediately. We can employ formal discovery tools and, if necessary, hire a forensic accountant to trace funds, examine business records, and uncover concealed property.

New York is primarily a no-fault state. The most common ground is stating that the marriage has been irretrievably broken for at least six months. Other, older fault-based grounds still exist (like adultery or cruel and inhuman treatment) but are used less frequently.

Yes, but you must demonstrate a "substantial change in circumstances" since the last order was issued. For child support, this might be a significant increase or decrease in either parent's income. For custody, it might be a parent's relocation or a change that negatively impacts the child's welfare.

Family offenses are specific crimes listed in the Family Court Act. They include acts like assault, harassment, stalking, strangulation, and disorderly conduct, among others, when committed by a family or household member.

Absolutely. Both parents have a legal obligation to support their child. A parent can file a petition in Family Court to establish paternity (if necessary) and obtain a child support order.

A parenting plan is a detailed written agreement that outlines how co-parents will raise their children after a separation or divorce. It includes a specific visitation schedule, rules for communication, and a process for making decisions about the children's health, education, and religious upbringing.

You can file an enforcement petition with the court. A judge has many tools to enforce a support order, including wage garnishment, seizure of bank accounts, suspension of a driver's license or professional license, and, in extreme cases, incarceration.

No. New York is an "equitable distribution" state, not a "community property" state. The standard is fairness, not an automatic 50/50 split. A judge will consider nearly two dozen factors listed in the Domestic Relations Law to arrive at a fair division.

Navigating a family law matter is a journey no one should undertake alone. With the right guidance from a seasoned legal team, you can protect your rights, secure your future, and move forward with confidence. If you are facing a family law issue in Long Island, Nassau County, Suffolk County, or anywhere in the NYC area, we invite you to reach out.

Contact Law Offices Of SRIS, P.C. today at 888-437-7747 for a confidential case assessment.

Disclaimer: The information on this website is for general informational purposes only and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.








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