Rochester New York Divorce Lawyers | SRIS, P.C.
Rochester New York Divorce Lawyers — What Are Your Rights?
Divorce in Rochester, New York, is governed by state law, which allows for both fault-based and no-fault grounds. The process involves equitable distribution of marital property and determinations of spousal support and child custody. The Rochester New York divorce lawyers at Law Offices Of SRIS, P.C. provide full representation for these matters. Our firm, founded in 1997, has extensive experience in Monroe County Family Court.
New York Divorce Law and Procedure
New York divorce law is codified in the Domestic Relations Law. A divorce can be granted on no-fault grounds, such as an irretrievable breakdown of the marriage for at least six months, or on traditional fault grounds like adultery or cruel and inhuman treatment. The court’s primary considerations include the equitable distribution of property, as defined by statute, and the best interests of any children involved.
Last verified: April 2026 | Monroe County Family Court | New York State Legislature
Official Legal Resources
For the full text of the law, refer to the New York Domestic Relations Law (official New York State Senate). Local court forms and procedures can be found on the New York State Unified Court System website for the 7th Judicial District.
Handling a Divorce Case in Monroe County
The procedural path for a divorce in Rochester starts with filing a Summons with Notice or a Summons and Complaint in Monroe County Family Court. The specific steps can vary based on whether the divorce is contested or uncontested. In uncontested cases, the process may proceed more directly upon filing the required affidavits and settlement agreement.
- Consult with an attorney to review your grounds for divorce and initial strategy.
- File the initial divorce papers with the Monroe County Clerk’s Office.
- Serve the divorce papers on your spouse according to New York procedural rules.
- Exchange mandatory financial disclosures and engage in discovery if needed.
- Attempt settlement through negotiation or mediation; if unsuccessful, prepare for trial.
- Attend court hearings and, if necessary, a trial for the judge to issue decisions on all issues.
Potential Outcomes in a Divorce
In Rochester, a divorce can result in orders for property division, spousal support, child custody, and child support, with outcomes varying significantly based on the facts of each case.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Property Division | Equitable Distribution | Marital property divided fairly, not necessarily equally. |
| Spousal Support | Statutory Guidelines & Factors | Temporary or long-term support based on need and ability to pay. |
| Child Custody | Best Interests of the Child | Legal and physical custody arrangements determined. |
| Child Support | State Guideline Calculations | Obligation based on parental income and custody share. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm’s founder, Mr. Sris, brings a background that includes a unique understanding of financial matters relevant to complex asset division. The firm’s long-standing practice is built on a commitment to focused client advocacy in family law disputes.
Approach to Divorce Cases
Our Rochester New York divorce attorneys develop a case-specific approach for each client. We prepare detailed financial disclosures and advocate for our clients’ positions regarding property, support, and parenting time. The goal is to seek a resolution that protects our client’s rights and interests, whether through settlement or litigation.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Rochester Divorce Law Firm
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 250-9835
By appointment only.
Our firm is accessible to clients in Rochester and surrounding communities. We offer 24/7 phone consultations at (888) 437-7747. Meetings are held by appointment only at our New York location.
Frequently Asked Questions
How long does a divorce take in New York?
It depends. An uncontested divorce where both parties agree on all terms can be finalized in a few months. A contested divorce that requires litigation over assets, support, or custody can take a year or more, depending on court schedules and case complexity.
What is the difference between legal separation and divorce in New York?
Legal separation results in a court order addressing support and property but does not end the marriage, allowing parties to retain certain marital benefits. Divorce legally terminates the marriage, allowing both parties to remarry and finally dividing all marital assets and debts.
Is New York a community property state?
No. New York is an equitable distribution state. This means marital property is divided in a manner the court deems fair, which is not necessarily a 50/50 split. The court considers multiple factors like income, marriage duration, and future needs.
How is child custody determined?
Custody is determined based on the best interests of the child. Courts consider factors such as each parent’s ability to provide for the child’s needs, the child’s relationships with siblings and parents, and, when appropriate, the child’s own wishes. The focus is on stability and the child’s well-being.
Can I get alimony?
Spousal support, or maintenance, may be awarded based on statutory guidelines that consider the length of the marriage, the income disparity between spouses, and the recipient’s need. The court has discretion to award temporary or long-term support after evaluating all relevant circumstances.
Under N.Y. Bus. Corp. Law § 101, state law governs this practice area.