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New York County (Manhattan) Divorce & Family Lawyer | SRIS

New York State Divorce Rules

Divorce & Family Law Attorney in New York County (Manhattan), New York

Understanding New York State Divorce Rules is critical when facing a family law matter in Manhattan. The New York County Supreme Court handles all divorce and equitable distribution cases under New York Domestic Relations Law (DRL) § 170 and § 236. Law Offices Of SRIS, P.C. provides experienced guidance on these complex New York State Divorce Rules, offering 24/7 consultations at (888) 437-7747.

New York State Divorce Rules and Legal Framework

New York State Divorce Rules are primarily governed by the New York Domestic Relations Law (DRL). The key statutes include DRL § 170, which outlines the grounds for divorce, and DRL § 236, which governs equitable distribution of marital property, maintenance (alimony), and child support. Since 2010, New York has recognized “no-fault” divorce based on the irretrievable breakdown of the relationship for a period of six months or more. The legal process for divorce and related family matters is handled by the New York County Supreme Court, located at 60 Centre Street.

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

Official Legal Resources

For the complete text of the law, refer to the official New York Domestic Relations Law § 170 (official New York State Legislature website). For court-specific forms and procedures, visit the New York County Supreme Court website (official .gov domain).

Procedural Insights for Manhattan Family Court

In New York County, the Supreme Court handles divorce and equitable distribution, while the Family Court addresses custody, support, and family offense petitions. A critical local procedural fact is the automatic restraining orders under DRL § 236, which freeze marital assets and prohibit changes to insurance upon the filing of a divorce action. The court also requires a Request for Judicial Intervention (RJI) for $95 to move a case forward. Understanding these specific New York State Divorce Rules is essential for handling the system effectively.

  1. File a Summons with Notice or Summons and Complaint at the County Clerk’s office and purchase an index number ($335 fee).
  2. Serve the divorce papers on your spouse according to New York procedural rules.
  3. File proof of service with the court and, if the case is contested, file a Request for Judicial Intervention (RJI).
  4. Complete mandatory financial disclosure through a Statement of Net Worth and engage in the discovery process.
  5. Attend preliminary and compliance conferences, and potentially a settlement conference with the judge.
  6. If settlement is not reached, proceed to trial before a Supreme Court Justice for a final judgment.

Financial and Custody Outcomes in Divorce

In New York County (Manhattan), divorce involves the equitable distribution of marital property, potential maintenance awards, and child support determined by a statutory formula.

Issue Legal Standard / Classification Financial Range / Consequence Additional Factors
Property Division Equitable Distribution (DRL § 236) Division of marital property is not necessarily equal, but what is fair based on multiple statutory factors. Duration of marriage, income and property of each party, future financial circumstances.
Maintenance (Alimony) Statutory Formula (DRL § 236) Temporary and post-divorce maintenance calculated via codified formula based on income and duration of marriage. Cap applies to the payor’s income for calculation; judge may deviate from formula.
Child Support Statutory Percentage (Family Court Act § 413) 17% of combined parental income for one child, 25% for two, 29% for three (up to $163,000 combined income). Health insurance, childcare, and educational expenses may be added; discretionary above the income cap.
Custody & Visitation Best Interests of the Child Legal and physical custody determinations based on child’s health, safety, and welfare. Parent-child relationship, parental fitness, child’s wishes (if age-appropriate), stability.

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

Firm Experience in New York Family Law

Law Offices Of SRIS, P.C. was founded in 1997. The firm brings a combined 120+ years of legal experience to complex family law matters. Our approach is grounded in a deep understanding of local court procedures and the specific judicial preferences in Manhattan courtrooms.

Documented Case Results

SRIS actively practices in the New York County courts. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Results may vary. Prior results do not aim for a similar outcome.

Local Representation for Manhattan Residents

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.

Our New York location serves clients at the New York County (Manhattan) courts, accessible via FDR Drive, West Side Highway, and all subway lines. We are a dedicated family law attorney near Manhattan’s court complex at 60 Centre Street. We provide 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. We serve communities throughout Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.

Frequently Asked Questions: New York Divorce & Family Law

What are the grounds for divorce in New York?

Yes. New York recognizes both fault and no-fault grounds. The most common is the no-fault ground of an irretrievable breakdown in the relationship for at least six months, as defined in DRL § 170(7). Fault grounds include cruel and inhuman treatment, adultery, abandonment, and imprisonment.

How is marital property divided in a New York divorce?

It depends. New York is an “equitable distribution” state under DRL § 236. This means marital property (assets acquired during the marriage) is divided fairly, but not necessarily equally. The court considers factors like the length of the marriage, each spouse’s income and future earning capacity, and contributions to the marriage.

How is child support calculated in New York?

New York uses a statutory formula based on the combined parental income of both parents. For combined income up to $163,000, the basic child support obligation is 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more children. The non-custodial parent typically pays their proportionate share of this amount.

What is the difference between Supreme Court and Family Court in New York?

The Supreme Court has exclusive jurisdiction over divorce actions and the equitable distribution of marital property. The Family Court handles matters like child custody, visitation, child support, paternity, and family offense (orders of protection) petitions, but it cannot grant a divorce.

Do I need a New York State Divorce Rules Attorney for an uncontested divorce?

While not legally required, consulting with a New York State Divorce Rules Attorney is highly advisable. An attorney can ensure all paperwork is correctly completed, your rights are protected in the settlement agreement, and the judgment conforms to all legal requirements, preventing costly future problems.

Can I get temporary support during my divorce?

Yes. You can file a motion for pendente lite (temporary) relief to request temporary maintenance (alimony), child support, and exclusive use of the marital home or other assets while the divorce is pending. These motions are typically heard within 30-60 days of filing in New York County.

Related Legal Information

For more information, see our New York Family Law Lawyer hub page. If you are in a neighboring area, our Kings County (Brooklyn) Divorce Lawyer page may be relevant. For other legal needs in Manhattan, consider our New York County Criminal Defense Lawyer services.

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