New York Divorce Attorney: Your Guide to a Fair Outcome in NY

As of December 2025, the following information applies. In New York, divorce involves a legal process to end a marriage, covering issues like asset division, child custody, and support. The Law Offices Of SRIS, P.C. provides dedicated legal defense for these matters, guiding you through each step towards a just resolution.

Confirmed by Law Offices Of SRIS, P.C.

What is a Divorce in New York?

Divorce in New York is the legal ending of a marriage. It’s not just about splitting up; it’s about untangling a life you’ve built together, which can involve some big decisions. We’re talking about things like how your property gets divided, who the kids live with and when, and whether one person needs financial support from the other. New York law outlines specific grounds for divorce, including both fault-based reasons and no-fault options, which often makes the process more straightforward for many couples. Understanding these grounds and their implications is your first step in deciding the best path forward for your family and your future. It’s a significant life event, and having a clear picture of what’s ahead can make all the difference.

Takeaway Summary: Divorce in New York legally ends a marriage, resolving property, custody, and support issues under state law. (Confirmed by Law Offices Of SRIS, P.C.)

How to Handling the Divorce Process in New York?

Getting a divorce can feel overwhelming, like trying to solve a puzzle with a lot of missing pieces. But when you break it down, it’s a series of steps designed to help you reach a new beginning. Think of it as a roadmap, and we’re here to help you read it. The most common way to get divorced in New York is through a “no-fault” divorce, meaning one spouse states the marriage has been “irretrievably broken” for at least six months. This avoids having to prove specific marital misconduct, making the process less contentious. However, fault-based grounds, like cruel and inhuman treatment or adultery, are still options if applicable to your situation. Knowing which path is right for you is where a knowledgeable New York divorce attorney comes in. Here’s a general overview of the steps involved:

1. Initiating the Action: Filing the Summons and Complaint

   The divorce process begins when one spouse, the plaintiff, files a Summons with Notice or a Summons and Complaint with the Supreme Court in the appropriate New York county. The Summons with Notice simply informs the other spouse (the defendant) that a divorce action has been started. A Summons and Complaint provides more detail, outlining the grounds for divorce and the relief sought, such as custody, support, or property division. This initial filing is a formal declaration that you intend to dissolve the marriage. It’s important that this document is prepared accurately to avoid delays later on. We ensure all necessary information is included and filed correctly, setting a solid foundation for your case.

2. Serving the Papers: Notifying Your Spouse

   Once filed, the Summons and Complaint must be formally served on your spouse. This isn’t something you can do yourself; it usually requires a third party, like a process server, to ensure proper legal notice. There are strict rules about how service must be executed in New York to be considered valid. Proper service is absolutely essential because if it’s not done correctly, the court can’t move forward with your case, no matter how strong your arguments are. We coordinate with reliable process servers to ensure your spouse is properly notified, protecting the integrity of your divorce action from the outset.

3. Responding to the Complaint: Your Spouse’s Reply

   After being served, your spouse has a limited amount of time—usually 20 or 30 days, depending on how they were served—to respond to the Summons and Complaint. Their response, often called an Answer and Counterclaim, will either agree with the divorce terms, dispute them, or even propose their own grounds for divorce and relief. This is where the disagreements often start to take shape, highlighting areas where negotiation or litigation might be needed. We carefully review your spouse’s response, identify key points of contention, and strategize the next steps to best represent your interests.

4. Discovery: Gathering Information

   Discovery is the phase where both sides exchange financial information and other relevant documents. This can include bank statements, tax returns, pay stubs, retirement account statements, and property appraisals. The goal is to get a complete and accurate picture of all marital assets, debts, and income so that fair decisions can be made regarding property division, spousal support, and child support. This phase can be extensive and detailed, requiring thorough organization and attention to detail. Our team meticulously collects and reviews all discovery materials, ensuring nothing is overlooked that could impact your financial future.

5. Negotiation and Settlement: Reaching an Agreement

   Many divorce cases in New York are resolved through negotiation and settlement, rather than going to trial. This can happen through informal discussions between attorneys, mediation, or collaborative law. The aim is to reach a comprehensive agreement on all issues, including property distribution, custody arrangements, visitation schedules, and financial support. A successful settlement results in a Stipulation of Settlement, a legally binding contract that outlines all agreed-upon terms. We are seasoned negotiators, working tirelessly to secure a favorable settlement that aligns with your goals and protects your long-term interests.

6. Court Intervention: Motions and Conferences

   Throughout the divorce process, it may be necessary to involve the court to resolve interim issues or move the case forward. This often happens through motions, which are formal requests to the judge for a specific order. For example, a motion might be filed to secure temporary child support or spousal maintenance, or to compel the other party to provide discovery documents. Additionally, the court will schedule various conferences, such as preliminary conferences and settlement conferences, to monitor the case’s progress and encourage resolution. We are experienced in preparing and arguing motions, and representing you effectively in all court appearances.

7. Trial: When Agreement Isn’t Possible

   If negotiation efforts fail to produce a full settlement, the case will proceed to trial. During a divorce trial in New York, both parties present evidence and testimony to a judge, who then makes a final decision on all contested issues. This includes the division of marital property, determination of child custody and visitation, and orders for child and spousal support. Trials can be lengthy, costly, and emotionally draining, making settlement a preferred option for many. However, when trial is unavoidable, you need a strong advocate in your corner. Our attorneys are ready to represent you rigorously in court, presenting your case with clarity and conviction.

8. Judgment of Divorce: The Final Order

   The divorce process culminates in the signing of a Judgment of Divorce by the judge. This is the official court order that legally ends your marriage and incorporates all the terms of your settlement agreement or the judge’s trial decisions. It’s a comprehensive document that details everything from asset division to child-rearing arrangements. Once the Judgment of Divorce is signed and entered with the County Clerk, your marriage is officially dissolved. We meticulously review the final judgment to ensure it accurately reflects all agreements or court orders, making certain your new legal status is correctly established.

9. Post-Divorce Matters: Enforcement and Modification

   Even after a Judgment of Divorce is issued, issues can sometimes arise that require further legal action. This might include one party failing to comply with the terms of the judgment, necessitating enforcement actions. Or, significant changes in circumstances—such as a job loss, relocation, or a child’s evolving needs—may warrant a modification of existing support or custody orders. New York law allows for such post-divorce actions, recognizing that life evolves. Our firm provides ongoing support for these matters, helping you enforce your rights or adapt your divorce orders to new realities.

Can I Fight for My Fair Share in a Contested Divorce in New York?

It’s completely normal to feel worried about what will happen to your assets or your kids when you’re facing a contested divorce in New York. The idea of losing what you’ve worked so hard for, or not having the kind of relationship with your children that you want, can be truly terrifying. Many people imagine a contentious courtroom battle where they’re at a disadvantage. But here’s the real talk: A contested divorce doesn’t automatically mean a messy, drawn-out fight where you lose everything. It simply means you and your spouse haven’t yet agreed on one or more key issues, like property division, spousal maintenance, or child custody.

Blunt Truth: You absolutely can fight for your fair share, and you should. New York is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally. This applies to everything acquired during the marriage, from bank accounts and real estate to retirement funds and business interests. Getting your fair share isn’t just about money; it’s about securing your future. When it comes to children, the court’s primary concern is always their best interests. This means that while you’ll advocate for your parental rights, the focus will be on creating a custody and visitation plan that fosters stability and well-being for your kids.

The Law Offices Of SRIS, P.C. has represented many individuals in challenging contested divorce scenarios. While we cannot predict future outcomes, we have assisted clients in reaching resolutions regarding complex financial assets and intricate custody arrangements. For instance, in one instance, we successfully advocated for a client to retain a greater share of a jointly-owned business, demonstrating the importance of thoroughly valuing marital assets. In another, our efforts resulted in a favorable child custody schedule that maximized a parent’s involvement in their children’s lives, reflecting the unique family dynamics involved. These situations underscore that with thorough preparation and persistent advocacy, even the most disputed issues can often be addressed effectively, aiming for an outcome that truly benefits you and your family. Your fears are valid, but with the right legal approach, you can turn those fears into focused action towards protecting what matters most to you.

Why Hire Law Offices Of SRIS, P.C.?

When you’re facing something as significant as a divorce, you need more than just a lawyer; you need someone who gets it, someone who’s been in the trenches and knows how to get you through to the other side. That’s where Law Offices Of SRIS, P.C. comes in. We understand that this isn’t just a legal case; it’s your life, your family, and your future on the line. We approach every divorce with a blend of empathy for your situation and unwavering determination to achieve the best possible outcome for you.

Mr. Sris founded this firm with a clear vision: to personally take on the most challenging family law matters clients face. His philosophy, refined over decades, is woven into the fabric of our practice. As Mr. Sris himself puts it: “My focus since founding the firm in 1997 has always been directed towards personally taking on the most challenging and complex criminal and family law matters our clients face.” This isn’t just a statement; it’s a commitment that guides how we manage every case. We don’t shy away from difficulty; we lean into it, using our seasoned experience to find solutions where others might see only obstacles.

Our team provides personal attention, making sure you feel heard and understood throughout what can be a very difficult time. We’ll explain the legal process in plain language, helping you understand your options and what to expect every step of the way. Whether it’s negotiating a fair settlement or representing you vigorously in court, our aim is always to protect your interests and help you move forward with confidence.

If you’re in New York and need a knowledgeable New York divorce lawyer, don’t hesitate. Law Offices Of SRIS, P.C. has a location in Buffalo, New York. You can find us at:

50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY, 14202, US

Phone: +1-838-292-0003

Call now for a confidential case review. We’re here to help.

Frequently Asked Questions About New York Divorce

What are the grounds for divorce in New York?

New York offers both “no-fault” and “fault-based” divorce grounds. The most common is “irretrievable breakdown” of the marriage for at least six months (no-fault). Fault-based grounds include cruel and inhuman treatment, abandonment, adultery, and imprisonment for three or more consecutive years.

How is marital property divided in a New York divorce?

New York is an equitable distribution state. This means marital property is divided fairly, which doesn’t always mean equally. The court considers factors like the length of the marriage, age and health of parties, income, and contributions to the marriage by each spouse.

Will I have to go to court for my divorce?

Not necessarily. Many divorces are resolved through negotiation, mediation, or collaborative law, resulting in a settlement agreement. If an agreement cannot be reached on all issues, then the case may proceed to trial in court.

How is child custody determined in New York?

Child custody decisions in New York are based on the child’s best interests. The court considers factors such as each parent’s ability to provide for the child, the child’s wishes (if old enough), and parental fitness. Custody can be sole or joint.

What is spousal maintenance (alimony) in New York?

Spousal maintenance, or alimony, is financial support paid by one spouse to the other after a divorce. It’s intended to allow the lower-earning spouse to become self-supporting. New York has advisory guidelines for calculating temporary and post-divorce maintenance.

How long does a divorce take in New York?

The duration of a New York divorce varies greatly. An uncontested divorce with a full agreement can be finalized in a few months. A contested divorce, especially with complex financial or custody issues, can take a year or much longer.

Can I change my last name after a New York divorce?

Yes, you can request to resume a prior surname as part of the divorce judgment. This request is typically included in the divorce papers. The court will usually grant this request without further proceedings.

What if my spouse lives outside of New York?

Divorcing a spouse who lives out of state can add complexity, particularly regarding jurisdiction. It’s still possible, but specific rules regarding service of process and the court’s authority over your spouse must be carefully followed. A knowledgeable attorney can guide you.

What is the difference between a legal separation and a divorce?

A legal separation is a court order that allows spouses to live apart and addresses issues like support and custody, but the marriage remains legally intact. Divorce, by contrast, legally terminates the marriage. A separation agreement can sometimes be converted into a divorce judgment.

Do I need a lawyer for a divorce in New York?

While you can represent yourself, divorces involve complex legal and financial matters. A knowledgeable New York divorce lawyer can protect your rights, ensure all documents are properly filed, negotiate on your behalf, and advocate for your best interests regarding property, children, and support. Also, a skilled lawyer can help you Handling any emotional challenges that arise during the process, making it easier to make rational decisions. By utilizing New York divorce attorney services, you gain access to professional insight that can streamline the proceedings and reduce stress. Ultimately, having Experienced professional legal support can significantly improve the outcome of your divorce, ensuring you secure a favorable arrangement.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

Past results do not predict future outcomes.