Divorce & Family Law Attorney in Westchester County, New York
In Westchester County, child support follows a statutory percentage formula: 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more, applying to income up to $163,000.
New York Family Law Statutes
New York family law is governed by the Domestic Relations Law (DRL) and Family Court Act (FCA). DRL § 170 establishes grounds for divorce, including irretrievable breakdown for six months (no-fault), adultery, cruel treatment, abandonment, and imprisonment. DRL § 236 governs equitable distribution of marital property and maintenance (alimony) calculations using codified formulas. DRL § 240 addresses child custody and support, applying the child’s best interests standard. The statutory framework requires specific procedures in Westchester County Supreme Court for divorce and Westchester County Family Court for custody and support matters.
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
For the complete text of New York divorce laws, refer to the New York Domestic Relations Law (official New York State Legislature website). For Westchester County court procedures, forms, and contact information, visit the Westchester County Supreme Court website (official New York State Unified Court System).
Westchester County Family Court Procedures
Westchester County Supreme Court handles all divorce and equitable distribution matters, while Westchester County Family Court addresses 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. Maintenance is calculated using statutory formulas for both temporary and post-divorce periods.
- File initial divorce documents at Westchester County Supreme Court with $335 index number fee and serve spouse within 120 days.
- Exchange sworn statements of net worth and financial documents within 45 days after service.
- Attend mandatory settlement conference to attempt resolution before proceeding to discovery.
- Complete discovery process including interrogatories, document requests, and potential forensic evaluations.
- File note of issue and certificate of readiness with $30 fee to place case on trial calendar.
- Attend trial or reach final settlement, resulting in judgment of divorce addressing all issues.
Family Law Penalties and Standards in Westchester County
In Westchester County, divorce involves no criminal penalties but carries significant financial and custodial consequences under New York’s equitable distribution and child support statutes.
| Issue | Legal Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Grounds | No-fault: 6+ months irretrievable breakdown | Filing fees: $335+ | Automatic asset freeze upon filing |
| Property Division | Equitable distribution (fair, not equal) | Division of marital assets/debts | Business valuation often required |
| Maintenance (Alimony) | Statutory formula based on income/duration | Temporary & post-divorce payments | Tax implications |
| Child Support | 17%-35% of combined income up to $163,000 | Monthly payments + add-ons | Continues until age 21 |
| Child Custody | Best interests of the child | Evaluation costs: $5,000-$20,000+ | Parenting time schedules |
Results may vary. Each case depends on unique facts and circumstances.
Our Family Law Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris, who brings background in accounting and information systems to complex financial divorce cases. With 120+ years of combined attorney experience and 4,739+ documented case results firm-wide, we provide focused representation in Westchester County family matters. Our team understands the specific procedures of Westchester County Supreme Court and Family Court.
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 in family law and related matters. Our experience includes complex equitable distribution cases, high-conflict custody disputes, and intricate support calculations.
Results may vary. Prior results do not aim for a similar outcome.
Westchester County Family Law Office
Our New York location serves clients at Westchester County courts, accessible via I-87 (NYS Thruway), I-84, I-287, Taconic State Parkway, and Route 9. As a family law lawyer near Westchester County, we represent clients throughout 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 allows both fault and no-fault divorce. The most common ground is irretrievable breakdown of the relationship for at least six months (no-fault). Fault grounds include adultery, cruel and inhuman treatment, abandonment for one year, and imprisonment for three years.
How is child support calculated in Westchester County?
Child support follows a statutory percentage 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; above that amount, the court has discretion.
What is equitable distribution in a New York divorce?
Equitable distribution means marital property is divided fairly, not necessarily equally. The court considers factors like marriage duration, income, contributions, and future needs. Separate property acquired before marriage or through inheritance usually remains with the original owner.
How long does a contested divorce take in Westchester County?
A contested divorce typically takes 12 to 24 months or longer. The timeline depends on case complexity, court scheduling, and whether forensic evaluations are needed. Uncontested divorces with signed agreements can be completed in 3 to 6 months.
What are automatic restraining orders in a New York divorce?
Upon filing for divorce, automatic orders under DRL § 236 freeze marital assets and prohibit changes to insurance coverage. Both parties cannot sell or transfer property, change beneficiaries, or incur unreasonable debts without court approval or mutual consent.
Related Legal Services
For more information about family law across New York, visit our New York Family Law Lawyer hub page. If you need representation in nearby areas, consider our New York County (Manhattan) family law lawyer or Kings County (Brooklyn) family law lawyer. For other legal needs in Westchester County, see our Westchester County criminal defense lawyer or Westchester County immigration lawyer. Learn more about Mr. Sris’s background and experience.
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.