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Thomas A. Sirianni, Esq.
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How does divorce, custody, and support work in New York?

New York is a no-fault divorce state — one spouse simply has to swear that the marriage has been irretrievably broken for at least six months. Once filed, the court resolves equitable distribution of marital property, spousal maintenance, child custody, and child support under statutory formulas. Most cases settle through negotiated agreements, but contested issues like custody, hidden assets, or business valuations require litigation in Supreme Court.

Cases I Handle in Matrimonial & Family Law

Contested and uncontested divorce
Equitable distribution of marital property and debts
Child custody and parental access (visitation) disputes
Child support calculation and enforcement under the CSSA
Spousal maintenance (alimony), temporary and post-divorce
Prenuptial and postnuptial agreements
Modification and enforcement of existing orders
Orders of protection and family offense proceedings

Are You Dealing With Any of These Situations?

One spouse wants a divorce and the other refuses to cooperate
Custody dispute involving relocation or a parent's fitness
Hidden income, cash businesses, or undisclosed assets in marital estate
High-asset divorce involving a closely held business or real estate
Modifying child support after a job loss or income change
Enforcing an unpaid maintenance or support order
Negotiating a prenup before remarriage

Relevant New York Laws

DRL § 170(7) — New York's no-fault divorce ground. Either spouse may obtain a divorce by swearing under oath that the marriage has been irretrievably broken for at least six months.

DRL § 236(B) — The equitable distribution statute. Marital property is divided equitably (not necessarily equally) based on statutory factors, and the court may award spousal maintenance for a duration set by statutory advisory schedule.

DRL § 240 / FCA § 413 — The Child Support Standards Act (CSSA). Basic child support is calculated as a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, and so on.

DRL § 240(1) — Custody and parental access are determined based on the best interests of the child, considering each parent's fitness, the child's relationship with each parent, stability, and (for older children) the child's preference.

Frequently Asked Questions About Matrimonial & Family Law

An uncontested no-fault divorce can be finalized in 3 to 6 months from filing. Contested divorces involving custody, equitable distribution, or business valuations typically take 12 to 24 months, sometimes longer.

Under the Child Support Standards Act, basic child support is a percentage of combined parental income up to a statutory cap: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Add-on expenses (childcare, health insurance, unreimbursed medical) are allocated pro rata.

Spousal maintenance is calculated under a statutory formula based on income, with an advisory duration schedule tied to length of the marriage — generally 15-30% of the marriage length for marriages under 15 years, 30-40% for 15-20 year marriages, and 35-50% for marriages over 20 years.

New York is an equitable distribution state, not community property. Marital property — assets acquired during the marriage — is divided equitably (fairly), which often but not always means equally. Separate property (premarital, gifts, inheritance) generally stays with the original owner.

Custody is decided based on the best interests of the child, considering each parent's fitness, the existing parent-child relationship, stability of each home, work schedules, and (for older children) the child's preference. New York courts increasingly favor shared parenting where workable.

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