Divorce & Family Law Attorney in Erie County, New York
Erie County divorce requires handling New York Domestic Relations Law (DRL) § 170 and § 236, with Supreme Court filing fees starting at $335. Law Offices Of SRIS, P.C. provides full representation for divorce, custody, and support matters in Erie County. Our firm, founded in 1997, has 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate.
New York Family Law Statutes
New York family law is governed by the Domestic Relations Law (DRL) and Family Court Act (FCA). Key statutes include DRL § 170 (grounds for divorce), DRL § 236 (equitable distribution and maintenance), and DRL § 240 (custody and child support). These laws establish the framework for dissolving marriages and resolving related family matters in Erie County.
Last verified: March 2026 | Erie County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of New York’s family laws, refer to the New York State Legislature website (legislation.nysenate.gov). For Erie County court procedures and forms, visit the Erie County Supreme Court website (nycourts.gov).
Erie County Family Court Process
Erie County Supreme Court handles all divorce and equitable distribution cases, while Erie County Family Court addresses custody, support, and family offense petitions. New York requires a 6-month period of irretrievable breakdown for a no-fault divorce.
- File the initial divorce papers: File a Summons with Notice or Summons and Complaint with the Erie County Supreme Court Clerk’s office and pay the $335 index number fee.
- Serve your spouse: Have your spouse served with the divorce papers by a process server or sheriff, following New York service rules.
- Exchange financial disclosure: Both parties must exchange a Statement of Net Worth and supporting documents detailing assets, debts, income, and expenses.
- Attend mandatory settlement conference: The court will schedule a conference to explore settlement. If unresolved, the case proceeds toward trial.
- File a Request for Judicial Intervention (RJI): File an RJI ($95 fee) to formally place the case before a judge for scheduling and management.
New York Divorce Penalties and Consequences
In Erie County, divorce results in the equitable distribution of marital property and potential awards of maintenance (alimony) and child support based on statutory formulas.
| Issue | Legal Standard / Classification | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | No-fault (DRL § 170(7)) | Index fee: $335; RJI: $95 | Automatic asset freeze upon filing |
| Property Division | Equitable Distribution (DRL § 236) | Division of marital assets & debts | Business valuation may be required |
| Spousal Maintenance | Statutory Formula (DRL § 236) | Based on income, duration, and need | Temporary and post-divorce awards |
| Child Support | Percentage of Income (DRL § 240) | 17% for one child, 25% for two | Up to $163,000 combined income |
| Child Custody | Best Interests of the Child | Potential evaluation costs: $5,000-$20,000+ | Parenting time schedule established |
Results may vary. The outcomes described are not guarantees of any specific result in your case.
Firm Credentials in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience, the firm maintains a 93%+ favorable outcome rate across 4,739+ documented case results. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep legislative engagement in family law.
Case Results in Family Law
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes across Virginia, Maryland, New Jersey, New York, and Washington, D.C.
Results may vary. Prior results do not aim for a similar outcome.
Local Family Law Representation
Our New York location serves clients at Erie County courts, accessible via I-90 (NYS Thruway), I-81, and Route 17/I-86. As a family law lawyer near Erie County, we represent clients in Buffalo, Cheektowaga, Amherst, Tonawanda, Hamburg, Orchard Park, Clarence, Lancaster, West Seneca, Lackawanna, East Aurora, Kenmore, Williamsville, and Depew.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Phone: (888) 437-7747 | Local: (838)-292-0003
Frequently Asked Questions
What are the grounds for divorce in New York?
New York Domestic Relations Law (DRL) § 170 lists seven grounds, including no-fault (irretrievable breakdown for 6+ months), cruel and inhuman treatment, abandonment, adultery, and imprisonment.
How is child support calculated in Erie County?
Child support follows a statutory percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, 35% for five or more, up to a combined income of $163,000.
What is the difference between Erie County Supreme Court and Family Court?
Erie County Supreme Court handles divorce and equitable distribution. Erie County Family Court handles custody, visitation, child support, paternity, and family offense (domestic violence) petitions.
How is marital property divided in a New York divorce?
New York follows equitable distribution under DRL § 236. The court divides marital property fairly, not necessarily equally, based on factors like marriage duration, income, and contributions.
What are automatic restraining orders in a New York divorce?
Upon filing, DRL § 236 automatic orders freeze marital assets, prohibit changes to insurance beneficiaries, and restrict selling or transferring property without consent or court order.
Related Legal Resources
New York Family Law Lawyer | New York County (Manhattan) Divorce Lawyer | Erie County Criminal Defense Lawyer | Attorney Mr. Sris Profile | New York Office 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.