Divorce & Family Law Attorney in Westchester County, New York
In Westchester County, divorce is governed by New York Domestic Relations Law (DRL) § 170, requiring a 6-month irretrievable breakdown for no-fault dissolution. Law Offices Of SRIS, P.C. provides full representation for equitable distribution under DRL § 236, child support calculations, and custody matters in Westchester County Supreme Court. Our firm-wide experience includes 4,739+ documented case results with a 93%+ favorable outcome rate.
New York Family Law Statutes
New York family law is primarily codified in the Domestic Relations Law (DRL) and Family Court Act (FCA). The foundational statute for divorce is DRL § 170, which establishes the grounds, including no-fault irretrievable breakdown. Equitable distribution of marital property is governed by DRL § 236, which includes formulas for calculating both temporary and post-divorce maintenance (alimony). Child support obligations are determined using a statutory percentage model under the FCA.
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
Westchester County Family Court Process
Westchester County Supreme Court handles all divorce and equitable distribution matters, while Westchester County Family Court handles custody, visitation, child support, paternity, and family offense petitions. The automatic restraining orders under DRL § 236 freeze marital assets upon filing.
- File initial pleadings (Summons with Notice or Complaint) at the Westchester County Supreme Court and pay the $335 index number fee.
- Complete and exchange mandatory financial disclosure via the Statement of Net Worth.
- Attend the court’s mandatory settlement conference to explore resolution.
- Conduct formal discovery, which may include interrogatories, depositions, and business valuations.
- File a Note of Issue and pay the $30 fee to certify the case is ready for trial.
- Proceed to a final settlement conference or trial before a judge.
Penalties and Legal Standards
In Westchester County, divorce carries specific financial and custodial outcomes based on equitable distribution, statutory support formulas, and the child’s best interests standard.
| Issue | Classification / Standard | Financial Impact | Additional Consequences |
|---|---|---|---|
| Divorce Filing | No-fault (DRL § 170) | Index fee: $335; RJI: $95; Note of Issue: $30 | 6-month irretrievable breakdown period required |
| Equitable Distribution | DRL § 236 | Division of marital property and debt | Automatic orders freeze assets upon filing |
| Spousal Maintenance | Statutory formula (DRL § 236) | Calculated based on income and duration of marriage | Temporary and post-divorce formulas differ |
| Child Support | FCA percentage model | 17% for one child, 25% for two, etc., of combined income up to $163,000 | Health insurance and childcare add-ons apply |
| Child Custody | Best interests of the child | Potential forensic evaluation costs: $5,000-$20,000+ | Parenting time schedules and decision-making authority |
Results may vary. The outcomes described are based on statutory standards and typical court practices; individual case results depend on specific facts and evidence.
Firm Credentials and Authority
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined attorney experience to family law matters. Our approach is case-specific, built on a deep understanding of New York’s statutory framework, including the maintenance formulas in DRL § 236 and the child support guidelines.
Documented Case Experience
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our team handles family law matters across multiple states, applying a consistent, detail-focused strategy.
Results may vary. Prior results do not aim for a similar outcome in your case.
Local Family Law Representation
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 Westchester County, we serve 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 is a no-fault divorce state. The primary ground is an irretrievable breakdown of the marriage for at least six months (NY DRL § 170). Fault grounds like adultery or cruel treatment are also available but less common.
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 (NY Family Court Act).
What is the difference between Supreme Court and Family Court in Westchester?
Westchester County Supreme Court handles divorce, equitable distribution, and spousal support. Westchester County Family Court handles custody, visitation, child support, paternity, and family offense (domestic violence) petitions.
How long does a contested divorce take in Westchester County?
A contested divorce typically takes 12 to 24 months or longer in Westchester County. The timeline depends on case complexity, court scheduling, and whether forensic evaluations or extensive discovery are needed.
What are automatic orders in a New York divorce?
Upon filing for divorce, automatic restraining orders (NY DRL § 236) freeze marital assets, prohibit changing insurance beneficiaries, and restrict transferring property without consent or court order. These orders protect both parties.
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 current guidance.