Contested Divorce Lawyer New York County, NY
You are in the middle of a divorce in Manhattan—New York County—and you and your spouse cannot agree on how to divide the marital property, whether one of you should pay spousal maintenance, or where your children will live. Your divorce is contested, which means a judge at the New York County Supreme Court may ultimately make these decisions for you. The stakes involve your financial security, your career, and your time with your children. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent spouses in contested divorce matters in New York County, building a clear record on the financial and custody issues that matter most. Reach our New York location at (888) 437-7747 to request a confidential consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
The New York County Supreme Court charges an index number fee and a Request for Judicial Intervention (RJI) fee of $95 at the start of a contested divorce action.
Source: New York State Unified Court System filing fee schedule. New York County Supreme Court website
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Strategy Options in a New York County Contested Divorce
Mr. Sris and his Of Counsel team approach contested divorce by first understanding what each side truly needs—financially and as parents—and then pursuing the path most likely to bring the dispute to a conclusion without unnecessary expense. In many cases that means vigorous negotiation: exchanging financial disclosures, engaging in settlement discussions, and proposing terms that a court would find reasonable. When the other side refuses to engage fairly, the firm moves to litigate the contested issues. Because a New York County Supreme Court judge will ultimately decide anything the parties cannot resolve, the firm’s courtroom experience—including direct knowledge of how New York judges evaluate equitable distribution and custody claims—informs every stage.
The outcome a client receives in a contested divorce often turns on the quality of the evidence assembled: business valuations, tracing of separate property, forensic custody evaluations, and income analysis for maintenance and child support. Mr. Sris and his team know which attorneys to involve and how to present that evidence persuasively to the court. Whether the case settles or goes to trial, the firm works to bring a practical, well‑documented position into every conference and hearing.
What to Expect in a Contested Divorce in New York County
A contested divorce in New York County usually begins when one spouse files a Summons and Complaint (or a Summons with Notice) and purchases an index number from the Supreme Court at 60 Centre Street. The automatic orders under Domestic Relations Law § 236 take effect immediately upon service, freezing marital assets and prohibiting changes to insurance policies unless both parties agree or the court permits an exception. The defendant has a limited time to respond; failing to do so can result in a default, though in contested matters the defendant’s attorney will typically appear and file an answer that frames the disputed issues.
Once both sides have appeared, the case proceeds through financial disclosure, discovery (including interrogatories, document production, and depositions), and a mandatory settlement conference. In New York County, a Pendente Lite motion for temporary relief—such as exclusive occupancy of the marital home, temporary spousal maintenance, or interim custody—may be heard within several weeks after filing. The timeline from filing to trial depends heavily on the complexity of the disputed issues and the court’s calendar; contested matters in Manhattan can extend well beyond a year. Throughout the process, the parties may engage in mediation or collaborative negotiation, but if a settlement is not reached, the case will be assigned to a judge for trial.
Outcomes the Court Can Order
New York law requires the court to make a series of decisions in a contested divorce, and each decision follows a statutory framework. The distribution of marital property is governed by equitable distribution principles under DRL § 236(B): the court classifies assets as marital or separate, values them, and divides them fairly after considering factors such as the length of the marriage, the income and property of each spouse, and the contributions of each party as a homemaker. Maintenance—often called alimony—is calculated using a formula that applies to income up to a statutory cap; the court may award guideline maintenance for a duration that depends on the length of the marriage. For child support, the formula is fixed by statute, as explained below:
Under DRL § 240, New York child support is a percentage of the combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. The formula applies to combined income up to a statutory cap; the court has discretion to apply the same percentages to income above that cap.
Source: New York Domestic Relations Law § 240. N.Y. Dom. Rel. Law § 240
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Custody and parenting time are decided under the “best interests of the child” standard. The court may consider a forensic custody evaluation, the child’s relationship with each parent, and any history of domestic violence. Whether you are the party seeking primary physical custody or merely a fair visitation schedule, the law requires the judge to focus on the child’s welfare—not on which parent “wins” the dispute.
Attorney Credentials
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which he established in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him a unique perspective on how contested disputes are presented in court. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris is supported by a team of Of Counsel attorneys, each with well over a decade of civil litigation and family law experience. Collectively, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. The firm handles contested divorce cases throughout New York County, appearing regularly at the Supreme Court on 60 Centre Street.
Frequently Asked Questions
How long does a contested divorce take in New York County?
A contested divorce in Manhattan can take anywhere from twelve to twenty-four months or longer, depending on the complexity of the disputed issues and the court’s schedule. Cases that involve business valuations, custody evaluations, or multiple motions for temporary relief tend to extend the timeline. The court requires a mandatory settlement conference, and many cases settle before trial. Still, a contested case that goes through all stages—from filing to discovery to trial—should be expected to take well over a year.
What is the difference between a contested and an uncontested divorce in New York County?
In a contested divorce, the parties do not agree on one or more of the core issues—property division, spousal maintenance, custody, or child support—while an uncontested divorce means they have resolved all issues. In an uncontested case, the parties submit a signed separation agreement or settlement stipulation and the court enters a judgment on the papers. A contested divorce requires litigation: motion practice, discovery, and possibly a trial. The time, expense, and emotional toll of a contested proceeding are substantially greater.
Do I need a lawyer for a contested divorce in New York County?
While you are not legally required to hire an attorney, a contested divorce involves complex statutory formulas for maintenance and child support, strict rules of evidence for property valuation, and detailed procedural requirements that make self-representation extremely risky. In a contested case you must file financial disclosure statements, respond to discovery demands, and present evidence at trial. An experienced divorce attorney can protect your interests, ensure your financial disclosures are complete, and cross-examine the other side’s witnesses. Mr. Sris and his Of Counsel can discuss whether representation is right for your situation.
How is spousal maintenance calculated in New York County?
New York uses a statutory formula for temporary and post-divorce maintenance: the formula considers the parties’ incomes and a percentage of the payor’s income, with the amount and duration guided by the length of the marriage. For marriages lasting up to 15 years, the formula prescribes a percentage of income and a duration between 15% and 30% of the length of the marriage. Income above a statutory cap is subject to the court’s discretion. In a contested case, the judge may deviate from the guideline based on a list of statutory factors.
Can I get temporary support while the case is pending?
Yes, you can ask the court for Pendente Lite relief—temporary spousal support, child support, custody, and exclusive use of the home—while the divorce is ongoing. A Pendente Lite motion can be heard fairly quickly, often within several weeks after filing. The court will make a preliminary determination based on the immediate financial circumstances and the needs of the children, and that order remains in effect until a final judgment is entered or a new temporary order is issued.
Where can I find more information about New York County divorce laws?
For a comprehensive statutory analysis of New York divorce law, including the grounds for divorce and the framework for equitable distribution, see our main firm website at Law Offices Of SRIS, P.C. — New York Divorce Practice. The New York County Supreme Court also maintains resources at nycourts.gov.
Request a Consultation
If you are facing a contested divorce in New York County, Mr. Sris and his Of Counsel team are available to discuss your case. Call (888) 437-7747 to schedule a confidential consultation at our New York location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202 (by appointment only). We represent clients throughout Manhattan, including Midtown, the Upper East Side, the Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Financial District, and all neighborhoods in New York County.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case.
Attorney responsible for this advertising: Mr. Sris.
Results may vary.