Family law representation throughout New York State · Practicing since 1997
Law Offices Of SRIS, P.C. represents clients in family law matters throughout New York State. The firm has been practicing since 1997. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Family law matters move through two different trial courts in New York, and which court hears a matter changes what relief is available.
The division below sets out what each trial court can decide, the matters the firm handles in New York, and how to request a consultation.
The only New York court that can dissolve a marriage. Family Court has no authority to grant a divorce. When a divorce action is pending in Supreme Court, that court may also decide custody, parenting time, child support, spousal maintenance, and the division of marital property in the same action, so a divorcing party is generally litigating every issue in one place.
Handles the matters that arise outside a divorce action: custody and visitation between unmarried parents, child support petitions and enforcement, paternity proceedings, family offense petitions and orders of protection, and guardianship of minors. Family Court can also enforce and modify orders after a divorce judgment has been entered.
Guardianship of an incapacitated adult proceeds under Article 81 of the Mental Hygiene Law. Those proceedings are heard in Supreme Court, and County Court also has jurisdiction in counties outside New York City. They are not brought in Surrogate's Court. Guardianship under Article 17-A of the Surrogate's Court Procedure Act, which applies to individuals with intellectual or developmental disabilities, is a distinct proceeding and is heard in Surrogate's Court.
Filing in the wrong court costs time and filing fees, and in a matter with a deadline it can cost more than that.
Ask which court applies to your matter →New York permits a divorce on the no-fault ground that the marriage has broken down irretrievably for a period of at least six months, and it retains fault-based grounds as alternatives. A residency requirement must also be satisfied before the action can proceed; the applicable period depends on where the parties married, where they lived as spouses, and where the ground arose.
New York decides legal custody, physical custody, and parenting time on the best interests of the child. Courts weigh factors including each parent's caregiving history, the stability of each household, the ability of each parent to support the child's relationship with the other, and, where the child is of sufficient age and maturity, the child's own preference.
Support is calculated under the Child Support Standards Act, which applies a statutory percentage to combined parental income up to an income cap that is adjusted periodically. The percentage is set by the number of children. Courts follow a defined process for treating income above the cap and for departing from the guideline figure, and add-on expenses such as child care, health insurance, and unreimbursed medical costs are addressed separately.
New York applies statutory guideline formulas — one for temporary maintenance while the action is pending, and a separate one for post-divorce maintenance after judgment. Both operate on income up to a cap that is adjusted periodically. The duration of post-divorce maintenance is guided by an advisory schedule keyed to the length of the marriage.
New York is an equitable distribution state, not a community property state. Marital property is divided fairly in light of a statutory list of factors, which does not mean automatically in equal shares. The threshold question in most cases is classification — whether an asset is marital or separate — and it is frequently the issue that decides the outcome. Business interests, retirement accounts, real property acquired before the marriage, and inherited assets that were later commingled are common points of dispute.
Drafting and review of nuptial agreements, including the execution formalities New York requires for enforceability.
Representation in family offense proceedings under Article 8 of the Family Court Act, on either side of a petition.
Post-judgment applications to modify or enforce existing custody, parenting time, support, and maintenance orders.
Mr. Sris founded the firm in 1997 and has practiced law since that year. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Before entering private practice he served as a prosecutor, which shaped how he approaches contested hearings and cross-examination. His practice covers family law and criminal defense.
The firm maintains locations in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and a location in Pereira, Colombia. New York family law matters are handled from the firm's New York location.
Supreme Court has exclusive jurisdiction over divorce in New York. Family Court cannot dissolve a marriage. When a divorce action is filed, Supreme Court may also decide custody, parenting time, child support, spousal maintenance, and equitable distribution in the same case.
Family Court hears custody and visitation between unmarried parents, child support petitions and enforcement, paternity proceedings, family offense petitions and orders of protection under Article 8 of the Family Court Act, and guardianship of minors.
No. New York is an equitable distribution state rather than a community property state. Marital property is divided fairly rather than automatically in equal shares, and the court weighs a statutory list of factors. Classifying property as marital or separate is often the central issue.
Child support is calculated under the Child Support Standards Act, which applies a percentage-based formula to combined parental income up to a statutory cap, with the percentage set by the number of children. There are statutory adjustments, a defined process for income above the cap, and a defined process for departing from the guideline figure.
Guardianship of an incapacitated adult is brought under Article 81 of the Mental Hygiene Law. Supreme Court hears these proceedings, and County Court also has jurisdiction in counties outside New York City. Article 81 proceedings are not brought in Surrogate's Court. Guardianship under Article 17-A of the Surrogate's Court Procedure Act, which applies to individuals with intellectual or developmental disabilities, is a separate proceeding heard in Surrogate's Court.
To request a consultation about a New York family law matter, call (888) 437-7747 or use the contact form. Bringing any existing court orders, filed petitions, or correspondence from the other party to the consultation makes the first conversation more productive.
Call (888) 437-7747