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Divorce Lawyer In Long Island New York | SRIS, P.C.

Divorce Lawyer In Long Island New York

Divorce Lawyer In Long Island New York — What Are Your Rights?

A divorce in Long Island, New York, is governed by New York Domestic Relations Law (DRL) § 170 and DRL § 236, requiring a 6-month period of irretrievable breakdown for a no-fault filing. As a Divorce Lawyer In Long Island New York, Law Offices Of SRIS, P.C. provides direct representation for equitable distribution, child custody, and support matters.

New York Divorce Law and Your Case

New York divorce law centers on the principle of equitable distribution, not equal division, of marital property under DRL § 236. The court also determines maintenance (alimony) using a statutory formula and child support based on a percentage of combined parental income. The process begins with filing a Summons with Notice or Summons and Complaint in the Supreme Court of the county where either spouse resides.

Last verified: April 2026 | New York County Supreme Court | New York State Legislature

Official Legal Resources

For the full text of the law, refer to New York Domestic Relations Law (official New York State Senate). For court forms and procedures, visit the Nassau County Supreme Court website.

Handling a Long Island Divorce Case

In Nassau and Suffolk County Supreme Courts, the timeline for a contested divorce often extends beyond a year due to court volume and mandatory settlement conferences. A key local procedural fact is that New York requires a 6-month period of irretrievable breakdown or a signed separation agreement for a no-fault divorce. Maintenance is calculated using a codified statutory formula.

  1. Gather financial documents, including tax returns, bank statements, and property deeds.
  2. File the initial divorce papers (Summons with Notice or Complaint) with the County Clerk.
  3. Serve the divorce papers on your spouse following New York procedural rules.
  4. Exchange financial disclosures and engage in the discovery process.
  5. Attend court-mandated settlement conferences to attempt resolution.
  6. Proceed to trial if a settlement cannot be reached on all issues.

Potential Outcomes in a Divorce

In Long Island, New York, divorce resolves property division, spousal support, child custody, and child support, with outcomes based on statutory guidelines and judicial discretion.

Issue Legal Standard / Classification Potential Outcome Financial Impact Additional Consequences
Property Division Equitable Distribution (DRL § 236) Court divides marital property fairly, not necessarily equally Division of assets and debts acquired during marriage May include sale of marital home, division of retirement accounts
Spousal Support (Maintenance) Statutory Formula (DRL § 236) Temporary and post-divorce support calculated by income and duration of marriage Ongoing payment obligation from one spouse to the other Tax implications; modifiable based on substantial change in circumstances
Child Custody Best Interests of the Child Legal and physical custody arrangements determined by court May affect child support and decision-making authority Parenting plan required; relocation restrictions may apply
Child Support Statutory Percentage (Family Court Act § 413) 17% of combined parental income for one child (up to $163,000 cap) Monthly payment from non-custodial parent Health insurance and childcare add-ons; modifiable

Results may vary. Prior results do not aim for a similar outcome.

Our Firm’s Background in Family Law

Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We focus on providing clear guidance through family law matters. Our approach is case-specific, built on a detailed understanding of New York statutes and local court procedures.

Case Results and Client Focus

Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. Our divorce law firm in Long Island New York represents clients in Nassau and Suffolk counties. We work to achieve resolutions that address property, support, and custody concerns.

Results may vary. Prior results do not aim for a similar outcome.

Local Divorce Law Services for Long Island

Our New York location serves clients at courts across Long Island. We are accessible to residents of Nassau and Suffolk counties. As a divorce attorney in Long Island New York, we provide 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.

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) 348-1919
By appointment only.

Frequently Asked Questions

How long does a divorce take in Long Island, New York?

It depends. An uncontested divorce with an agreement can take 3-6 months. A contested divorce, where issues like property or custody are disputed, often takes 12-24 months or longer in Nassau and Suffolk County courts due to volume and mandatory settlement steps.

What is equitable distribution in a New York divorce?

Equitable distribution means marital property is divided fairly, but not necessarily equally, by the court. Factors include each spouse’s income, contributions to the marriage, and the duration of the marriage. Separate property acquired before marriage or via gift/inheritance is typically not divided.

How is child support calculated in New York?

For combined parental income up to $163,000, New York uses a percentage: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. The non-custodial parent typically pays this percentage of their income share toward basic child support.

Can I get a divorce in New York if my spouse doesn’t agree?

Yes. New York is a no-fault divorce state. You can file based on an irretrievable breakdown of the relationship for at least six months, even if your spouse contests the divorce. The case will proceed through the court process to resolve disputed issues.

What is the difference between Supreme Court and Family Court?

The Supreme Court handles divorce, equitable distribution, and spousal support. The Family Court handles custody, visitation, child support, paternity, and orders of protection. These matters are often related but proceed in different courts.

Related Legal Information

If you need assistance with other matters, our firm also handles criminal defense in New York County and immigration law in New York County. For more on our statewide practice, see our New York family law hub page.

Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.