Contested Divorce Lawyer Staten Island

A divorce becomes contested when the spouses cannot agree on one or more central issues, whether that is the grounds for the divorce itself, how property should be divided, spousal maintenance, or custody and support for children. Staten Island spouses facing a contested case often want to understand the statutory framework that governs each disputed issue before decisions are made. Law Offices Of SRIS, P.C. represents clients through contested matrimonial actions in New York, addressing grounds, property, and support issues under the state’s Domestic Relations Law. A contested Staten Island matter would typically be filed in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District. Call (888) 437-7747 to request a scheduled consultation, since the firm does not offer free consultations.

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Grounds and the Start of a Contested Case

Domestic Relations Law § 170 lists the grounds on which a divorce may be sought, including cruel and inhuman treatment, abandonment for a year or more, imprisonment of the defendant for three or more consecutive years, adultery, living apart under a separation decree or written agreement for six months or more, and the no-fault ground under § 170(7), which requires only that the marriage has broken down irretrievably for at least six months as sworn by one party. Once an action is filed, Domestic Relations Law § 236(B)(2)(b) requires that automatic orders be served with the summons, restraining both spouses from transferring property, incurring unreasonable debt, or changing insurance coverage without consent or a court order, and Domestic Relations Law § 236(B) generally requires compulsory financial disclosure through sworn net worth statements as the case proceeds. These provisions establish the procedural framework within which a contested case’s substantive disputes are then litigated. Compulsory disclosure, in particular, typically requires both spouses to exchange sworn statements of net worth along with supporting financial records early in the case, which gives both sides, and eventually the court, a baseline picture of the marital estate before the property, support, and custody disputes are addressed in detail. The firm helps clients gather and organize this financial disclosure so that it is complete and accurate from the outset of the case.

What Becomes Contested in a Divorce Case

Beyond the grounds themselves, a contested divorce frequently involves disputes over equitable distribution of marital property under Domestic Relations Law § 236(B)(5), which requires a court to weigh sixteen enumerated factors, and disputes over maintenance under § 236(B)(5-a) and § 236(B)(6), which apply formula-based guidelines tied to income and marriage length. Where children are involved, custody is decided under the best-interests standard in Domestic Relations Law § 240(1)(a), and child support follows the CSSA percentage formula in § 240(1-b). Because a single contested case can involve several of these statutory frameworks at once, the firm reviews each issue separately with a client while keeping the overall strategy of the case in view, and does not guarantee any particular outcome in any matter. A contested case can also move through several procedural stages, from initial disclosure and any temporary orders through settlement discussions or, where the parties cannot agree, a trial on the remaining issues. Keeping track of which issues are resolved and which remain contested as a case progresses helps both the client and the firm focus resources on the disputes that still require the court’s attention.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice law 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 issues common in contested matters. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

What makes a divorce “contested” rather than uncontested?

A divorce is contested when the spouses disagree on at least one central issue, such as the grounds, property division, maintenance, or custody and support, requiring the court to resolve the dispute rather than approve an agreement.

Do I need a fault ground to file for divorce?

No. Domestic Relations Law § 170(7) allows a no-fault divorce where the marriage has broken down irretrievably for at least six months, though § 170 also lists fault-based grounds a party may choose to plead instead.

What happens right after a contested divorce is filed?

Domestic Relations Law § 236(B)(2)(b) requires that automatic orders be served with the summons, restraining both spouses from certain transfers, new debt, and insurance changes, and the case proceeds with compulsory financial disclosure.

How is property divided in a contested Staten Island divorce?

Marital property is divided equitably under Domestic Relations Law § 236(B)(5), which directs the court to weigh sixteen enumerated factors rather than applying an automatic 50/50 split.

Where would a contested divorce for a Staten Island resident be filed?

Typically in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District, which handles matrimonial actions for Richmond County.

Can custody and support be decided in the same contested divorce case?

Yes. Custody is addressed under the best-interests standard in Domestic Relations Law § 240(1)(a), and child support follows the CSSA formula in § 240(1-b), both within the same divorce action.

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.

Attorney advertising. Prior results do not guarantee a similar outcome.