Divorce & Family Law Attorney in Monroe County, New York
In Monroe County, divorce requires proving an irretrievable breakdown of the relationship for six months under New York Domestic Relations Law § 170, with Supreme Court filing fees starting at $335; Law Offices Of SRIS, P.C. provides full representation with firm-wide experience across New York. Our New York location serves clients in Rochester, Greece, and Brighton by appointment only.
New York Family Law Statutes
New York family law is governed by the Domestic Relations Law (DRL) and Family Court Act (FCA). The primary statute for divorce is DRL § 170, which establishes no-fault grounds. Equitable distribution of marital property is controlled by DRL § 236, which includes codified formulas for calculating maintenance (alimony). Child custody and support matters are addressed under DRL § 240 and the Child Support Standards Act.
Last verified: March 2026 | Monroe County Supreme Court | New York State Legislature
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who brings a background in accounting and information systems to complex financial aspects of divorce cases.
Official Legal Resources
- New York Domestic Relations Law § 170 (official New York State Legislature) – The statutory grounds for divorce in New York.
- Monroe County Supreme Court website (New York State Unified Court System) – Official court information, forms, and procedures.
Monroe County Family Court Process
Monroe County Supreme Court handles all divorce and equitable distribution matters, while Monroe County Family Court handles custody, visitation, child support, and family offense petitions. New York’s automatic restraining orders under DRL § 236 freeze marital assets upon filing.
- File the initial summons and complaint with the Monroe County Supreme Court Clerk’s Office, paying the $335 index number fee.
- Serve your spouse with the divorce papers according to New York service rules and file proof of service.
- If contested, file a Request for Judicial Intervention (RJI) with a $95 fee to assign a judge and schedule a preliminary conference.
- Exchange complete net worth statements and financial documents as required by New York’s mandatory disclosure rules.
- Attend court-ordered settlement conferences; Monroe County courts prioritize resolving cases without trial.
- If no settlement, file a note of issue ($30 fee) for trial before a Supreme Court Justice.
Penalties and Legal Standards in Monroe County
In Monroe County, divorce carries no criminal penalty but involves significant financial consequences: equitable distribution of marital property, maintenance calculated by statutory formula, and child support based on a percentage of combined parental income.
| Issue | Classification | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | Civil Action | Index fee: $335; RJI: $95; Note of issue: $30 | Automatic asset freeze upon filing |
| Child Support (1 child) | Statutory Obligation | 17% of combined parental income up to $163,000 | Income withholding order; arrears accrue interest |
| Maintenance (Alimony) | Temporary & Post-Divorce | Calculated via codified formula based on income and duration | Tax implications; modifiable upon substantial change |
| Property Division | Equitable Distribution | Division of marital assets and debts | Retirement account division requires QDRO |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials in New York Family Law
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to family law matters in New York. While Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), that legislative experience informs our approach to complex property division cases in Monroe County. Our tagline reflects our method: “Global advocacy. Local precision.”
Case Results in New York
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC with over 93% favorable outcomes. Our attorneys actively handle family law matters in Monroe County.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our New York location serves clients at Monroe County courts. We are a family law lawyer near Monroe County and the Finger Lakes region, accessible via I-90 (NYS Thruway), I-81, I-390, and Route 17/I-86.
We serve communities including Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
Phone: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions
What are the grounds for divorce in Monroe County, New York?
New York is a no-fault divorce state. The primary ground is an irretrievable breakdown of the relationship for at least six months (NY Domestic Relations Law § 170). Fault-based grounds like adultery or cruel treatment still exist but are less common.
How is child support calculated in Monroe County?
Child support follows a statutory formula: 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. This applies to combined income up to $163,000. The court has discretion for income above that threshold.
What is the difference between Monroe County Supreme Court and Family Court?
The Monroe County Supreme Court handles divorce, equitable distribution, and maintenance (alimony) matters. The Monroe County Family Court handles custody, visitation, child support, paternity, and family offense (domestic violence) petitions.
How long does a divorce take in Monroe County?
An uncontested divorce typically takes 3 to 6 months from filing to judgment. A contested divorce can take 12 to 24 months or longer, depending on case complexity, court scheduling, and whether forensic evaluations are needed.
What are automatic restraining orders in a New York divorce?
Upon filing for divorce, automatic orders under DRL § 236 go into effect. These freeze marital assets, prohibit changing insurance beneficiaries, and restrict transferring property without consent or court order to preserve the marital estate.
Related Legal Resources
- New York Family Law Lawyer – Our state-level hub page for New York family law.
- New York County (Manhattan) Divorce Lawyer – Family law representation in Manhattan.
- Monroe County Criminal Defense Lawyer – Criminal defense services in Monroe County.
- Mr. Sris Attorney Profile – Learn more about our managing attorney.
- New York Office Information – Details about our New York location.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.