Contested Divorce Lawyer Suffolk County

A divorce becomes contested when the spouses cannot agree on the grounds for divorce, the division of marital property, spousal support, custody, or some combination of these issues, and a court must resolve the disputed matters. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent spouses in contested divorce matters connected to Suffolk County, New York, including disputes over grounds, property division, and related financial issues. New York law recognizes several statutory grounds for divorce, and even where the grounds themselves are not disputed, the economic and custody issues in a divorce action are often the source of genuine conflict between spouses. This page outlines the statutory framework for a contested New York divorce and explains how the firm approaches these matters. To discuss a contested divorce matter, call (888) 437-7747.

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Grounds for Divorce in New York

N.Y. Dom. Rel. Law § 170 sets out seven enumerated grounds on which a divorce action may be maintained: cruel and inhuman treatment, abandonment for one year or more, imprisonment of the defendant for three or more consecutive years after the marriage, adultery, living apart for six months or more under a decree or judgment of separation, living apart for six months or more under a written separation agreement, and the no-fault ground under § 170(7) — that the marriage has broken down irretrievably for a period of at least six months, as sworn to by one party. A divorce action can be contested even when it is filed under the no-fault ground, because § 170(7) does not by itself resolve the economic and custody issues in the case; a judgment cannot be entered under that subdivision until equitable distribution, spousal support, child support, and custody and visitation issues have been resolved by agreement or by the court. In practice, this means many New York divorces that are technically filed as no-fault actions still become contested proceedings once the parties disagree about how to divide property, support, or parenting responsibilities.

Automatic Orders and Equitable Distribution in a Contested Case

Once a New York divorce action is commenced, six automatic orders take effect under N.Y. Dom. Rel. Law § 236(B)(2)(b). These automatic orders are self-executing by statute — they bind the plaintiff upon filing and the defendant upon service, without a separate judicial order or application — and they restrain both spouses from disposing of property, transferring or withdrawing retirement or pension accounts, incurring unreasonable debt, removing either party or the children from existing health insurance coverage, changing beneficiaries on existing life insurance policies, or making related changes, until the divorce is resolved. In a contested case, the parties frequently dispute how marital property should be divided once the case reaches that stage. N.Y. Dom. Rel. Law § 236(B)(5) requires marital property to be distributed equitably, considering the circumstances of the case and a series of enumerated statutory factors, such as the length of the marriage, the income and property of each spouse, and each spouse’s contributions to the marriage. Because equitable distribution does not mean an automatic equal split, disagreement over how these factors apply to a particular marriage’s assets is often what makes a divorce contested even after the grounds themselves are no longer in dispute. A contested divorce connected to a Suffolk County family would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to the financial disclosure and asset-related disputes that frequently arise in contested divorce litigation.

Mr. Sris and the firm’s Of Counsel attorneys represent spouses in contested divorce matters connected to Suffolk County. The firm does not maintain a physical location in Suffolk County; consultations are conducted by appointment. Law Offices Of SRIS, P.C. does not offer free consultations — clients may request a scheduled consultation by calling the firm’s intake line, which is staffed 24/7. The outcome of any contested divorce depends on the specific facts involved, and the firm does not guarantee any particular outcome.

Frequently Asked Questions

What makes a New York divorce “contested” rather than uncontested?

A divorce is contested when the spouses cannot agree on the grounds for divorce, or on issues such as property division, spousal support, or custody, requiring the court to resolve the disputed issues.

What are the grounds for divorce in New York?

N.Y. Dom. Rel. Law § 170 sets out seven grounds, including cruel and inhuman treatment, abandonment, imprisonment, adultery, living apart under a separation decree or agreement, and the no-fault ground under § 170(7) for a marriage that has broken down irretrievably for at least six months.

Can a “no-fault” divorce still be contested?

Yes. Under § 170(7), no judgment can be entered until the economic and custody issues in the case are resolved, so a divorce filed on no-fault grounds can still become a contested proceeding if the spouses disagree about property, support, or custody.

What are the automatic orders in a New York divorce?

Under N.Y. Dom. Rel. Law § 236(B)(2)(b), six automatic orders take effect upon filing and service of the divorce summons, restraining both spouses from certain transfers of property, retirement accounts, and insurance coverage without consent or a court order, until judgment.

How does a New York court divide marital property in a contested divorce?

N.Y. Dom. Rel. Law § 236(B)(5) requires equitable distribution of marital property based on the circumstances of the case and enumerated statutory factors. Equitable distribution does not necessarily mean an equal division of property.

Where would a contested divorce connected to Suffolk County be filed?

A contested matrimonial action connected to Suffolk County would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

Does the firm have an office in Suffolk County?

No. The firm does not maintain a physical location in Suffolk County. Consultations are conducted by appointment, and clients may call (888) 437-7747 to schedule a consultation.

Does Law Offices Of SRIS, P.C. charge for a scheduled consultation on a contested divorce matter?

No. The firm does not offer free consultations. Prospective clients may request a scheduled consultation by calling (888) 437-7747, and the firm’s intake line is staffed 24/7.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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