Divorce & Family Law Attorney in Westchester County, New York
Westchester County divorce under New York Domestic Relations Law (DRL) § 170 requires a 6-month irretrievable breakdown or fault grounds; Law Offices Of SRIS, P.C. provides full representation for custody, support, and equitable distribution cases in Westchester County Supreme Court. Our firm-wide experience includes 4,739+ documented case results with a 93%+ favorable outcome rate.
In Westchester County, family law matters are heard in the Supreme Court for divorce and equitable distribution, and the Family Court for custody, support, and family offense petitions.
New York Family Law Statutes
New York family law is primarily governed by the Domestic Relations Law (DRL) and the Family Court Act (FCA). DRL § 170 establishes the grounds for divorce, including the no-fault ground of irretrievable breakdown for at least six months. DRL § 236 details the rules for equitable distribution of marital property and the statutory formulas for calculating maintenance (alimony). Child support is determined using a percentage-of-income model as outlined in state law, applied to combined parental income up to $163,000.
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
Westchester County Family Court Process
Westchester County Supreme Court handles all divorce and equitable distribution matters, while the Westchester County Family Court handles custody, visitation, child support, paternity, and family offense petitions. New York requires a 6-month period of irretrievable breakdown or a signed separation agreement for no-fault divorce.
- File initial pleadings: File a Summons with Notice or Summons and Complaint with the Westchester County Supreme Court Clerk’s Office and pay the $335 index number fee.
- Serve the other party: Serve your spouse with the divorce papers according to New York service rules, which may require personal delivery or another approved method.
- Exchange financial disclosure: Complete and exchange a Statement of Net Worth, detailing all assets, debts, income, and expenses, as required by court rules.
- Attend mandatory conferences: Participate in preliminary and compliance conferences with the court to identify issues, explore settlement, and set a discovery schedule.
- Engage in discovery and motion practice: Exchange documents, conduct depositions if needed, and file motions for temporary orders (pendente lite) regarding support, custody, or use of assets.
- Proceed to trial or settlement: Either reach a settlement agreement covering all terms, or proceed to trial before a judge who will decide unresolved issues of custody, support, and property division.
Family Law Standards and Potential Outcomes
In Westchester County, family law matters involve statutory standards for divorce grounds, equitable distribution of property, formula-based maintenance and child support, and a best interests of the child standard for custody.
| Matter | Legal Standard / Classification | Financial Impact | Timeline / Process |
|---|---|---|---|
| Divorce Grounds | No-fault (6+ month breakdown) or fault-based (DRL § 170) | Filing fee: $335 + RJI $95 + other costs | Uncontested: 3-6 months; Contested: 12-24+ months |
| Equitable Distribution | Fair division of marital property (DRL § 236) | Division of assets/debts; business valuation costs | Determined during divorce proceeding |
| Maintenance (Alimony) | Statutory formula based on income and duration | Temporary and post-divorce support calculations | Can be modified based on substantial change |
| Child Support | Percentage of combined parental income (up to $163k) | 17% (1 child), 25% (2), 29% (3), 31% (4), 35% (5+) | Modifiable with change in circumstances |
| Child Custody | Best interests of the child | Potential forensic evaluation costs ($5k-$20k+) | Can be most time-consuming aspect |
Results may vary. Each case depends on unique facts and circumstances.
Our Firm’s Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys combine over 120 years of legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, demonstrating deep involvement in family law policy. We apply this extensive background to New York cases, focusing on the financial and custodial details unique to each family.
Case Results
Firm-wide across VA, MD, NJ, NY, and DC, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. Our team approaches each Westchester County family law matter with a focus on achieving stable, practical resolutions for custody, support, and property division.
Results may vary. Prior results do not aim for a similar outcome.
Family Law Lawyer Near Westchester County
Our New York location serves clients at Westchester County courts, accessible via I-87, I-84, I-287, and the Taconic State Parkway. We represent individuals and families throughout the Westchester County area and surrounding communities including White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson.
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.
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, and adultery.
How is child support calculated in Westchester 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 equitable distribution in a New York divorce?
Equitable distribution under DRL § 236 means marital property is divided fairly, not necessarily equally. The court considers factors like each spouse’s income, contributions, and future needs.
How long does a contested divorce take in Westchester County?
A contested divorce typically takes 12 to 24 months or longer in Westchester County Supreme Court, depending on case complexity, court scheduling, and whether forensic evaluations are needed.
What are automatic orders in a New York divorce?
Automatic orders under DRL § 236 take effect upon filing. They freeze marital assets, prohibit changes to insurance beneficiaries, and restrict major financial transactions without court approval.
Related Legal Services
Last verified: March 2026. Information is updated from court records and statutes. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.