Contested Divorce New York State | SRIS, P.C.
Contested Divorce New York State Lawyer — What Are Your Options?
A contested divorce in New York State is a complex legal proceeding where spouses cannot agree on key issues like property division, child custody, or support. Governed by New York Domestic Relations Law (DRL) § 236, these cases require strategic litigation in the New York County Supreme Court. Law Offices Of SRIS, P.C.
What Is a Contested Divorce Under New York State Law?
A contested divorce in New York State occurs when one spouse files for divorce and the other spouse disagrees with the grounds for divorce or any of the terms related to its resolution, such as the division of marital assets, spousal maintenance (alimony), child custody, visitation, or child support. Unlike an uncontested divorce, which can be resolved through a signed settlement agreement, a contested divorce requires judicial intervention to decide the disputed issues. The process is adversarial and involves formal discovery, motion practice, and potentially a trial.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
The foundational statute for all divorce proceedings, including contested divorces, is New York Domestic Relations Law (DRL) Article 13. Specifically, DRL § 236 governs equitable distribution of marital property, spousal maintenance, and child support, while DRL § 240 addresses child custody and visitation. Since its founding in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has built a practice focused on the intricate financial and personal challenges inherent in family law disputes.
Official New York State Statutes and Court Resources
Understanding the specific laws that apply to your case is critical. The following official government resources provide the legal text and local court rules that will govern your contested divorce in New York State.
- New York Domestic Relations Law (official New York State Senate)
- New York County Supreme Court, Civil Branch (official New York Courts website)
The Contested Divorce Process in New York County (Manhattan)
handling a contested divorce in New York State, particularly in the busy New York County Supreme Court, requires an understanding of specific local procedures. The court at 60 Centre Street handles all divorce and equitable distribution matters for Manhattan. A key procedural fact is that New York requires a 6-month period of irretrievable breakdown or a signed separation agreement for a no-fault divorce. also, automatic restraining orders under DRL § 236 freeze marital assets and prohibit changes to insurance upon the filing of a divorce action, which is a critical protection to understand at the outset.
- Filing and Service: One spouse (the plaintiff) files a Summons with Notice or a Summons and Complaint with the County Clerk and pays the $335 index number fee. The papers must then be formally served on the other spouse (the defendant).
- Response and RJI: The defendant has 20-30 days to serve an Answer, contesting the allegations. Either party must then file a Request for Judicial Intervention (RJI) and pay the $95 fee to assign the case to a judge.
- Preliminary Conference and Discovery: The court schedules a preliminary conference to set a discovery schedule. This phase involves exchanging financial disclosures, conducting depositions, and subpoenaing records, which can be lengthy in complex cases.
- Compliance Conference and Motions: A compliance conference ensures discovery is complete. Parties may file motions for temporary orders (pendente lite) for support, custody, or use of assets during the divorce.
- Note of Issue and Trial: Once discovery is complete, a Note of Issue is filed (with a $30 fee) to place the case on the trial calendar. If no settlement is reached, the case proceeds to a bench trial before a Supreme Court Justice.
- Post-Trial Submissions and Judgment: After trial, the judge will issue a decision on all contested issues. A proposed Judgment of Divorce is submitted for the judge’s signature, finalizing the divorce.
Potential Outcomes and Considerations in a Contested Divorce
In New York County (Manhattan), a contested divorce in New York State involves judicial determination of equitable distribution, maintenance, child support, and custody based on statutory guidelines and the best interests of the child.
| Issue | Governing Standard / Classification | Potential Outcome / Range | Additional Consequences |
|---|---|---|---|
| Equitable Distribution | DRL § 236 Part B | Court divides marital property (assets/debts acquired during marriage) equitably, not necessarily equally, based on multiple statutory factors. | May involve valuation of businesses, professional licenses, retirement accounts, and real estate. |
| Spousal Maintenance (Alimony) | DRL § 236 Part B | Calculated via statutory formula for both temporary and post-divorce maintenance, based on income, duration of marriage, and other factors. | Can be modified based on a substantial change in circumstances. Tax implications apply. |
| Child Support | DRL § 240; Child Support Standards Act (CSSA) | Statutory percentage of combined parental income (17% for one child, 25% for two) up to $163,000 combined income; discretionary above that cap. | Includes add-ons for healthcare, childcare, and education. Subject to modification. |
| Child Custody & Visitation | DRL § 240; “Best Interests of the Child” | Legal custody (decision-making) and physical custody (residence) determined by court. Parenting time schedules established. | Court may order forensic custody evaluations, parenting classes, or appoint a law guardian for the child. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Contested Divorce in New York State
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our “Advocacy Without Borders” philosophy means we are prepared to handle the intricate financial investigations and intense advocacy required for a contested divorce in New York State, whether it involves high-net-worth assets, business valuations, or complex custody disputes.
Case Results and Client Advocacy
Law Offices Of SRIS, P.C. actively practices in New York County. While specific local case counts are proprietary, our firm-wide experience of 4,739+ documented results demonstrates our capacity to handle demanding litigation. We have successfully advocated for clients in matters involving the valuation and division of closely-held businesses, contested custody evaluations, and disputes over spousal maintenance calculations under New York’s statutory formulas.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Contested Divorce New York State Law Firm
If you are facing a contested divorce in New York State, timely and strategic legal counsel is essential. Our New York location serves clients with matters at the New York County Supreme Court and other local courts. We represent individuals across Manhattan, including Midtown, Lower Manhattan, the Upper East and West Sides, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood.
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Contested Divorce New York State FAQ
What is the difference between contested and uncontested divorce in New York?
Yes. An uncontested divorce means both spouses agree on all terms (grounds, property, support, custody). A contested divorce in New York State occurs when there is any disagreement, requiring court intervention to resolve the disputed issues through litigation or court orders.
How long does a contested divorce take in New York State?
It depends on the complexity and level of disagreement. In New York County, a contested divorce typically takes 12 to 24 months or longer from filing to trial. Timelines extend with complex financial discovery, custody evaluations, or extensive motion practice. Simpler contested issues may settle sooner.
What are the grounds for a contested divorce in New York?
New York has both fault and no-fault grounds. The most common no-fault ground is the irretrievable breakdown of the relationship for at least six months. Fault grounds include cruel and inhuman treatment, adultery, abandonment, imprisonment, or living apart pursuant to a separation decree.
How is property divided in a New York contested divorce?
New York is an “equitable distribution” state under DRL § 236. The court identifies marital property (acquired during the marriage) and separate property, then divides the marital property equitably based on multiple statutory factors, which does not necessarily mean a 50/50 split.
Do I need a contested divorce New York State attorney?
Yes. The procedural complexity, strict deadlines, and high stakes of litigation make skilled legal representation crucial. An experienced contested divorce New York State attorney can protect your rights, handle discovery, advocate in court, and work toward a favorable resolution on property, support, and custody.
Related Legal Resources
If you are dealing with family legal issues in New York, you may also find information on these related pages useful: New York Family Law Lawyer, Kings County (Brooklyn) Divorce Lawyer, and New York County Criminal Defense Lawyer.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your contested divorce in New York State.