Divorce & Family Law Attorney in Westchester County, New York
New York is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, based on factors like each spouse’s income and contributions to the marriage.
New York Family Law Statutes
Family law matters in Westchester County are primarily controlled by the New York Domestic Relations Law (DRL) and Family Court Act (FCA). Key statutes include N.Y. Dom. Rel. Law § 170 which outlines the grounds for divorce, including the no-fault ground of an irretrievable breakdown for at least six months. N.Y. Dom. Rel. Law § 236 governs equitable distribution of marital property and the award of maintenance (alimony), using codified formulas for calculation. For child-related matters, N.Y. Dom. Rel. Law § 240 addresses custody and visitation, applying the “best interests of the child” standard.
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
Westchester County Family Court Process
Understanding the local court procedure is critical. In Westchester County, divorce and equitable distribution are filed in Supreme Court, while standalone custody or support petitions may start in Family Court. The court requires a Request for Judicial Intervention (RJI) for $95 after initial filing.
- File the initial summons and complaint: The divorce process begins by filing a Summons with Notice or a Summons and Complaint with the Westchester County Supreme Court Clerk’s Office. You must purchase an index number (filing fee: $335).
- Serve the papers on your spouse: The filed papers must be formally delivered (served) to your spouse according to New York rules, typically by a process server or sheriff. Your spouse then has a set time to respond.
- handle discovery and preliminary conferences: Both sides exchange financial and other relevant information. The court will schedule preliminary conferences to set deadlines for discovery and discuss settlement possibilities.
- Attempt settlement or proceed to trial: Many cases settle through negotiation or mediation. If settlement fails, the case proceeds to trial where a judge will decide on issues like property division, support, and custody.
Potential Outcomes in a New York Divorce
In Westchester County, a divorce can result in the equitable distribution of assets, court-ordered maintenance (alimony) based on a statutory formula, and child support calculated as a percentage of combined parental income.
| Issue | Legal Standard / Classification | Potential Outcome | Financial Impact |
|---|---|---|---|
| Property Division | Equitable Distribution (DRL § 236) | Fair, not equal, split of marital property | Division of assets & debts acquired during marriage |
| Spousal Support (Maintenance) | Statutory Formula (DRL § 236) | Temporary and/or post-divorce payments | Duration and amount based on income & marriage length |
| Child Support | Child Support Standards Act (DRL § 240) | Ongoing financial support | 17% of combined income for 1 child, 25% for 2, etc., up to $163k |
| Child Custody | Best Interests of the Child (DRL § 240) | Legal & physical custody arrangement | Decision-making authority and parenting schedule |
Results may vary. The outcomes in any family law case depend on the specific facts, evidence, and applicable law.
Why Choose Our Firm for Your Westchester County Family Law Matter
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented case results. We provide a case-specific approach focused on your goals, whether through negotiation or vigorous courtroom advocacy. Our tagline, “Global advocacy. Local precision,” reflects our commitment to detailed, locality-aware representation in Westchester County courts.
Our Approach to Family Law Cases
Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with over 93% favorable outcomes. In family law, we focus on protecting your parental rights, securing fair financial terms, and handling the emotional challenges with clear guidance.
Results may vary. Prior results do not aim for a similar outcome.
Family Law Representation in Westchester County
Our New York location serves clients at Westchester County courts, accessible via I-87, I-287, and the Taconic State Parkway. As a family law lawyer near White Plains and the Hudson Valley, we represent individuals in communities including Yonkers, New Rochelle, Scarsdale, Rye, and Ossining.
We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Phone: (888) 437-7747 | Local: (838)-292-0003
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 marriage for at least six months under N.Y. Dom. Rel. Law § 170(7). Fault grounds include adultery, cruel and inhuman treatment, abandonment, and imprisonment.
How is property divided in a New York divorce?
New York is an equitable distribution state under N.Y. Dom. Rel. Law § 236. This does not mean a 50/50 split. The court divides marital property fairly based on factors like each spouse’s income, contributions to the marriage, and the length of the marriage.
How is child support calculated in Westchester County?
Child support follows a statutory formula. For one child, it is 17% of the combined parental income up to $163,000. For two children, it’s 25%. The court can order support above the cap based on the child’s needs and the parents’ resources.
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 (domestic violence) petitions, unless these issues are part of a divorce case in Supreme Court.
How long does a divorce take in Westchester County?
An uncontested divorce can take 3 to 6 months from filing to judgment. A contested divorce often takes 12 to 24 months or longer, depending on court schedules, the need for discovery, and whether custody or financial evaluations are required.
Related Legal Resources
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.