Facing Divorce in New York? You’re Not Alone.

The thought of divorce can feel overwhelming, like stepping into a dense fog without a compass. In New York, the legal landscape of divorce, from property division to child custody, can be complex and intimidating. It’s completely normal to feel a mix of fear and uncertainty right now. But here’s the reassuring truth: with the right legal guidance, you can navigate these challenges and emerge with a clear path forward.

As of October 2025, the following information applies. At Law Offices of SRIS, P.C., we understand the emotional toll divorce takes. Our experienced New York divorce attorneys are here to offer empathetic and direct support, helping you understand your rights and options every step of the way. We’ll cut through the legal jargon and provide you with the real-talk advice you need to make informed decisions about your future.

Understanding New York Divorce: What You Need to Know

New York operates under both fault and no-fault divorce grounds. A no-fault divorce simply means that the marriage has been “irretrievably broken for a period of at least six months.” This is often the most straightforward path. However, fault-based grounds like cruel and inhuman treatment, abandonment, or adultery can also be cited, though they often add layers of complexity to the process. Deciding which ground applies to your situation is a critical first step, and our knowledgeable NYC divorce lawyers can help you evaluate the best approach.

Residency Requirements: Does New York Have Jurisdiction?

Before you can file for divorce in New York, you or your spouse must meet specific residency requirements. Generally, one of the following must be true:

• You or your spouse have lived in New York State for a continuous period of at least two years immediately before filing.
• You or your spouse have lived in New York State for a continuous period of at least one year immediately before filing AND either the marriage took place in New York, or the parties resided in New York as husband and wife, or the grounds for divorce occurred in New York.
• Both you and your spouse are residents of New York State on the date the action is commenced and the grounds for divorce occurred in New York.

Confirming these requirements is essential to ensure your case can proceed in the New York courts. It can feel like a bureaucratic hurdle, but we’ll guide you through it.

Key Aspects of a New York Divorce Case

Beyond the initial filing, several critical areas will be addressed during your divorce. Each of these can significantly impact your future, and having seasoned New York divorce attorneys by your side is invaluable.

Equitable Distribution of Marital Property

New York is an equitable distribution state. This doesn’t necessarily mean an equal 50/50 split of assets and debts, but rather a fair division. The court considers numerous factors, including the length of the marriage, the age and health of each spouse, their incomes and earning capacities, and contributions to the marriage. This can get complicated quickly, especially with significant assets or business interests. Our firm has the experience to meticulously analyze your financial situation and advocate for a fair share.

Spousal Support (Alimony)

Spousal support, often called alimony or maintenance in New York, aims to ensure that neither spouse is left in financial hardship after the divorce. The court considers factors similar to property division, along with the standard of living during the marriage, the tax consequences of any award, and each party’s ability to be self-supporting. The goal is to help both parties achieve financial independence. We’ll help you understand what’s reasonable and fight for an outcome that supports your future.

Child Custody and Visitation

When children are involved, custody and visitation are often the most emotionally charged aspects of a divorce. New York courts prioritize the child’s best interests above all else. This includes considering the child’s emotional and physical development, the stability of each parent’s home, and the parents’ ability to cooperate. Whether it’s sole custody, joint custody, or a specific visitation schedule, our priority is to protect your children’s well-being and your parental rights. We’ll help you navigate these sensitive discussions with empathy and strength.

Child Support

New York utilizes statutory guidelines to calculate child support payments, typically based on a percentage of the parents’ combined income and the number of children. However, there are instances where the court can deviate from these guidelines, considering factors like a child’s special needs or a parent’s extraordinary expenses. Ensuring your children are financially supported is non-negotiable, and we’re here to make sure the calculations are accurate and fair.

Why Choose Law Offices of SRIS, P.C. for Your New York Divorce?

Choosing the right legal representation can make all the difference in the outcome of your divorce. At Law Offices of SRIS, P.C., we’re not just lawyers; we’re your dedicated advocates during one of life’s toughest transitions.

Mr. Sris, our founder and principal attorney, has led the firm since 1997. While he handles complex cases across various jurisdictions, his dedication to the firm’s overarching approach ensures every client receives comprehensive and effective representation. Our experienced attorneys bring a wealth of knowledge and a compassionate approach to each case.

Counsel at Law Offices of SRIS, P.C. has locations in Buffalo, New York. This local presence means we’re familiar with the nuances of New York’s legal system and can provide focused, community-specific support. We believe in clear, direct communication, ensuring you always know where your case stands.

Understanding Your Options: Mediation, Collaborative Divorce, or Litigation

Not all divorces end up in a contentious courtroom battle. New York offers several pathways to dissolution, and choosing the right one depends on your unique circumstances and your ability to cooperate with your spouse.

Mediation: If you and your spouse can communicate respectfully and are open to compromise, mediation might be a suitable option. A neutral third-party mediator facilitates discussions and helps you reach mutually agreeable terms. This approach can be less adversarial and often more cost-effective.

Collaborative Divorce: This is a team-based approach where both spouses and their respective attorneys commit to resolving the divorce outside of court. The focus is on open communication and finding creative solutions that meet the needs of both parties and their children. It requires a shared commitment to avoid litigation.

Litigation: When agreement isn’t possible, or in cases involving domestic violence, complex assets, or significant disputes, traditional litigation may be necessary. In this scenario, the court makes decisions on unresolved issues after hearing arguments and reviewing evidence from both sides. Our NYC divorce lawyers are seasoned litigators, ready to vigorously defend your interests in court if needed.

Choosing the right path can feel daunting, but we’ll help you assess which approach best suits your family’s needs and goals. The most important thing is finding a resolution that brings you peace of mind.

Protecting Your Future: Practical Steps During Divorce

Beyond the legal processes, there are practical steps you can take to protect yourself and your future during a New York divorce. These aren’t just legal maneuvers; they’re about empowering yourself during a challenging time.

• Gather Financial Documents: Start compiling all relevant financial records, including bank statements, tax returns, pay stubs, investment portfolios, and property deeds. Transparency is key to a fair distribution.
• Understand Your Debts: Get a clear picture of all marital debts, such as mortgages, car loans, credit card balances, and personal loans.
• Change Passwords: Secure your personal accounts, including email, social media, and financial platforms, especially if you’ve shared them with your spouse.
• Establish Your Own Credit: If you’ve primarily relied on your spouse’s credit or joint accounts, consider opening a credit card in your name to start building your independent financial history.
• Seek Emotional Support: Divorce is emotionally taxing. Don’t hesitate to lean on friends, family, or professional counselors during this period. Taking care of your emotional well-being is paramount.

New York Divorce Attorneys: Ready to Guide You

A New York divorce can be one of the most challenging experiences in life, but it doesn’t have to define your future. With the right legal counsel, you can move forward with confidence and clarity.

Our goal at Law Offices of SRIS, P.C. is to ensure your rights are protected, your voice is heard, and you achieve the best possible outcome. We’ll work diligently to minimize conflict where possible, but we’re always prepared to advocate strongly for you in court.

If you’re considering divorce in New York or have already been served with papers, reach out to us today for a confidential case review. Let our experienced New York divorce attorneys provide the guidance and reassurance you need to move confidently into your next chapter.

Law Offices of SRIS, P.C. has locations in Buffalo. You can contact our New York office at +1-838-292-0003.

Past results do not predict future outcomes.

Frequently Asked Questions About New York Divorce

What’s the difference between a contested and uncontested divorce in New York?

In a contested divorce, spouses disagree on key issues like property, custody, or support, requiring court intervention to resolve. An uncontested divorce happens when both parties agree on all terms, often making the process faster and less costly. We can help you determine if an uncontested path is viable for your situation.

How long does a divorce take in New York?

The duration varies significantly. An uncontested divorce can finalize in a few months, especially with a clear agreement. Contested divorces, particularly those with complex asset division or heated custody battles, can take a year or more. We’ll work efficiently to streamline your case.

Can I get an annulment instead of a divorce in New York?

Annulments are rare and only granted under specific, limited circumstances in New York, such as fraud, incurable mental illness, or one party being underage. They legally declare a marriage void from the beginning. Divorce is a more common legal dissolution. We can assess if an annulment is an option for you.

Do I need an attorney for my New York divorce?

While not legally required, having an experienced New York divorce attorney is highly recommended. They protect your rights, ensure fair settlements, and guide you through complex legal procedures. Without one, you risk unfavorable outcomes, especially in contested cases. It’s truly about safeguarding your future.

How much does a New York divorce cost?

Costs vary widely based on complexity, whether it’s contested or uncontested, and attorney fees. Uncontested divorces are generally less expensive. Factors like court fees, discovery, and litigation add to the expense. We offer transparent billing and can discuss potential costs during your confidential case review.

What if my spouse lives outside of New York?

If your spouse lives out-of-state, New York may still have jurisdiction over your divorce if you meet certain residency requirements. However, establishing jurisdiction over property or support might require additional legal steps. Our knowledgeable attorneys can advise on interstate divorce complexities.

Can a divorce agreement be changed later?

Yes, certain aspects like child custody, visitation, and child support can often be modified if there’s a significant change in circumstances (e.g., a job loss, relocation, or change in a child’s needs). Property division is generally final. We can explain the modification process if your situation changes.

What happens to our shared home in a New York divorce?

The marital home is a marital asset subject to equitable distribution. Options include one spouse buying out the other’s share, selling the home and dividing proceeds, or deferring the sale until children are older. The decision depends on many factors, and we’ll help you explore the best solution for your family.

What is the role of a Guardian ad Litem or Attorney for the Child in New York?

In New York, an Attorney for the Child (formerly Guardian ad Litem) is appointed by the court to represent the child’s best interests. They are not simply advocating for the child’s wishes but for what they believe is truly best for the child’s welfare, providing an independent voice in custody disputes.

How does domestic violence impact a New York divorce?

Allegations of domestic violence are taken very seriously in New York divorce cases. They can significantly influence decisions regarding child custody, visitation, and even the distribution of marital property. Courts prioritize the safety and well-being of the victims and children involved. Our firm is dedicated to protecting survivors and ensuring their voice is heard in court.