Divorce & Family Law Attorney in Westchester County, New York
New York Family Law Statutes
New York family law is governed by the Domestic Relations Law (DRL) and Family Court Act (FCA). The primary statutes include DRL § 170 for divorce grounds, DRL § 236 for equitable distribution and maintenance (alimony), and DRL § 240 for custody and child support. The law requires equitable, though not necessarily equal, division of marital property and uses statutory formulas for child support and spousal maintenance calculations.
Last verified: March 2026 | Westchester 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 Domestic Relations Law (official New York State Senate website). For court forms and procedures in Westchester County, visit the Westchester County Supreme Court website (official NY Courts .gov domain).
Westchester County Family Court Process
Westchester County Supreme Court handles all divorce and equitable distribution cases, while the Westchester County Family Court handles custody, visitation, child support, and family offense petitions. The courts follow strict procedural timelines and require complete financial disclosure.
- File the initial summons and complaint: File with the Westchester County Supreme Court Clerk’s Office. Pay the $335 index number fee. Automatic restraining orders under DRL § 236 take effect immediately.
- Serve the other party: Serve your spouse with the divorce papers according to New York procedural rules. File proof of service with the court.
- Exchange financial disclosure: Both parties must exchange a sworn statement of net worth and supporting documents like tax returns and bank statements.
- Attend mandatory settlement conferences: The court schedules preliminary and compliance conferences. The judge may issue orders on temporary support or custody.
- Proceed to trial if necessary: If settlement fails, file a note of issue ($30 fee). Present evidence and witnesses at trial for the judge’s final decision.
Penalties and Legal Standards in Westchester County
In Westchester County, family law matters involve specific financial obligations and legal standards: child support follows a percentage formula, maintenance has codified calculations, and property division is based on equitable distribution.
| Issue | Classification / Standard | Financial Impact / Formula | Additional Consequences |
|---|---|---|---|
| Divorce Grounds | No-fault (irretrievable breakdown 6+ months) or Fault-based | Filing fee: $335 (index number) | Automatic asset freeze upon filing |
| Child Support | Statutory percentage of combined income | 17% (1 child), 25% (2), 29% (3), 31% (4), 35% (5+) up to $163k income | Income withholding order; possible add-ons for healthcare, education |
| Spousal Maintenance | Temporary & Post-divorce formulas codified | Calculated based on income, duration of marriage, and statutory caps | Tax implications; modifiable based on changed circumstances |
| Property Division | Equitable distribution (DRL § 236) | Fair, not necessarily equal, division of marital property | Separate property (pre-marital, gift, inheritance) remains with owner |
| Custody | Best interests of the child | Court costs; possible forensic evaluation: $5,000-$20,000+ | Parenting plan; decision-making authority; relocation restrictions |
Results may vary. The outcomes described depend on the specific facts of each case.
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 family law matters. Our tagline, “Global advocacy. Local precision,” reflects our approach to handling complex interstate and international family cases while providing focused representation in Westchester County courts.
Documented Case Results
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes across our practice areas in Virginia, Maryland, New Jersey, New York, and Washington, D.C. Our attorneys use this extensive experience to develop effective strategies for divorce, custody, and support cases in Westchester County.
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. We are accessible via I-87, I-84, I-287, the Taconic State Parkway, and Route 9. As a family law lawyer near White Plains and the Hudson Valley, we represent clients throughout Westchester County.
We serve the communities of 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
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 is a no-fault divorce state. The primary ground is an irretrievable breakdown of the relationship for at least six months. Fault-based grounds like adultery, cruel and inhuman treatment, abandonment, or imprisonment also exist under N.Y. Dom. Rel. Law § 170.
How is child support calculated in Westchester 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 equitable distribution in a New York divorce?
Equitable distribution under N.Y. Dom. Rel. Law § 236 means marital property is divided fairly, not necessarily equally. The court considers factors like each spouse’s income, contributions to the marriage, and future needs. Separate property acquired before marriage or via gift/inheritance is not divided.
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. The timeline depends on case complexity, court scheduling, and whether issues like custody evaluations or business valuations are involved. Uncontested divorces can finalize in 3-6 months.
What are automatic orders in a New York divorce?
Upon filing for divorce, automatic restraining orders under DRL § 236 take effect. These orders freeze marital assets, prohibit changing insurance beneficiaries, and restrict selling or transferring property without consent or court order. They remain in place until the divorce is finalized.
Related Legal Services
For more information, visit our New York Family Law Lawyer hub page. We also serve clients in New York County (Manhattan) and Kings County (Brooklyn). In Westchester County, we also handle criminal defense and immigration matters. Learn more about Mr. Sris or our New York office location.
Last verified: March 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.