Divorce & Family Law Attorney in Westchester County, New York
New York Family Law Statutes
New York family law is primarily governed by the Domestic Relations Law (DRL) and the Family Court Act (FCA). The key statutes include N.Y. Dom. Rel. Law § 170 for grounds for divorce, § 236 for equitable distribution and maintenance (alimony), and § 240 for child custody and support. The state follows a no-fault divorce standard requiring an irretrievable breakdown of the relationship for at least six months.
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
Westchester County Family Court Process
Family law matters in Westchester County are split between the Supreme Court, which handles divorce and equitable distribution, and the Family Court, which handles custody, support, and family offense petitions. Automatic restraining orders under DRL § 236 freeze marital assets upon filing a divorce action.
- Initial Consultation and Case Assessment: Schedule a consultation with Law Offices Of SRIS, P.C. to review your situation, discuss New York divorce laws, and develop a strategy.
- Filing the Divorce Action: Your attorney will prepare and file the summons with notice or summons and verified complaint with the Westchester County Supreme Court, paying the $335 index number fee.
- Service of Process and Preliminary Conferences: Serve the divorce papers on your spouse. The court will schedule preliminary conferences to address discovery, temporary orders, and settlement possibilities.
- Discovery and Motion Practice: Exchange financial disclosures and other evidence. File motions for temporary support, custody, or to compel discovery if necessary.
- Mandatory Settlement Conference: Attend the court-ordered settlement conference to attempt resolution. If settlement is reached, a stipulation is drafted.
- Trial or Final Judgment: If no settlement, the case proceeds to trial before a judge. After trial or settlement, the court issues a judgment of divorce addressing all issues.
Penalties and Legal Standards in Westchester County
In Westchester County, divorce and family law matters involve specific financial standards: equitable distribution of marital property, maintenance calculated by statutory formula, and child support based on a percentage of combined parental income.
| Issue | Classification / Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Grounds | No-fault (6+ month breakdown) or Fault-based | Filing fee: $335 (index number) | Automatic asset freeze upon filing |
| Property Division | Equitable Distribution (N.Y. Dom. Rel. Law § 236) | Fair, not necessarily equal, division of marital property | Valuation of businesses, retirement accounts, real estate |
| Maintenance (Alimony) | Statutory formula for temporary & post-divorce | Based on income, marriage length, and other factors | Can be modified upon substantial change in circumstances |
| Child Support | Statutory percentage of combined income up to $163,000 | 17% (1 child), 25% (2), 29% (3), 31% (4), 35% (5+) | Plus healthcare, education, childcare add-ons |
| Custody | Best interests of the child standard | Legal and physical custody determinations | Parenting plans, visitation schedules, relocation issues |
Results may vary. Each case depends on unique facts and circumstances.
Firm Credentials and Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to complex family law matters. Our tagline, “Global advocacy. Local precision,” reflects our approach to serving clients in Westchester County and beyond. We focus on strategic, case-specific representation.
Documented Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate exceeding 93%. Our attorneys actively practice in the New York metropolitan area.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in 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. As a family law lawyer near White Plains and the Hudson Valley, we represent clients throughout Westchester County communities including Yonkers, New Rochelle, Mount Vernon, Scarsdale, Rye, Ossining, and Tarrytown.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
Westchester County, NY
Phone: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions
What are the grounds for divorce in New York?
New York allows both fault and no-fault grounds. The most common is no-fault, requiring an irretrievable breakdown of the relationship for at least six months under N.Y. Dom. Rel. Law § 170(7). Fault grounds include adultery, cruel treatment, abandonment, imprisonment, or living apart under a separation decree.
How is marital property divided in a Westchester County divorce?
New York follows equitable distribution under N.Y. Dom. Rel. Law § 236. The court divides marital property fairly, not necessarily equally, considering factors like marriage length, income, and contributions. Separate property acquired before marriage or via gift/inheritance usually stays with the original owner.
How is child support calculated in New York?
Child support uses a statutory formula based on combined parental income up to $163,000. The basic percentages are 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. The court may order additional amounts for healthcare, education, and childcare.
What is the difference between Supreme Court and Family Court in Westchester?
The Westchester County Supreme Court handles divorce, equitable distribution, and spousal support. The Westchester County Family Court handles custody, visitation, child support, paternity, and family offense (orders of protection) matters. Some cases may be transferred between courts.
How long does a divorce take in Westchester County?
An uncontested divorce typically takes 3-6 months from filing. A contested divorce can take 12-24 months or longer, depending on case complexity, court scheduling, and whether forensic evaluations are needed. Mandatory settlement conferences are required before trial.
Related Legal Resources
Last verified: March 2026. Information is current as of the verification date. Laws change; contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.