Staten Island Divorce Attorney

Divorce in New York Is More Complex Than Most People Expect

Divorce is not just a legal process. In New York, it is a structured system that determines how your finances, your property, and your relationship with your children will look moving forward.

While New York has one of the lowest divorce rates in the country, the divorces that do occur are often legally and financially complex.

At Angiuli & Gentile, LLP, we have spent more than 30 years helping Staten Island families navigate that complexity with clarity and strategy. Whether your case is amicable or highly contested, the goal is the same: protect what matters now and position you for what comes next.

How Divorce Works in New York

Divorce Is Filed in Supreme Court

Divorces in New York are handled in Supreme Court, not Family Court. For Staten Island residents, that means your case will be handled in Richmond County Supreme Court.

Family Court may address custody in certain situations, but once a divorce is filed, Supreme Court typically handles all related issues.

Grounds for Divorce — DRL §170

New York allows both fault-based and no-fault divorce.

The most common ground is irretrievable breakdown of the marriage for at least six months under DRL §170(7).

What many people do not realize is that even in a no-fault divorce, the case cannot be finalized until all financial and custody issues are resolved.

“No-fault” does not mean “simple.”

Timeline Expectations

Divorce timelines vary depending on the level of agreement between spouses:

• Uncontested divorces: typically 2 to 6 months
• Contested divorces: often 9 months to 2 years

Procedurally:

• A preliminary conference is usually scheduled within 45 days
• Discovery is typically completed within 6 months
• A 30-day mandatory waiting period applies before finalization

In a court system that has been described as facing significant backlog and delays, having experienced counsel who understands how to move a case efficiently is critical.

Division of Property — Equitable Distribution (DRL §236)

New York follows equitable distribution, meaning marital assets are divided fairly, not necessarily equally.

Marital property may include:

• Real estate and marital home
• Bank and investment accounts
• Retirement and pension assets
• Business interests
• Marital debt

Under DRL §236, marriage is treated as an economic partnership. Importantly, marital misconduct generally does not affect how assets are divided.

This is one of the most common misconceptions we address.

Spousal Maintenance (Alimony)

New York uses a statutory formula in many cases to determine maintenance.

The general calculation (without child support) is:

• 30% of the payor’s income
• Minus 20% of the recipient’s income
• Capped at 40% of combined income

Courts also consider the length of the marriage when determining duration.

These formulas provide a starting point, but outcomes still depend on the specific facts of each case.

Child Custody and Parenting Time

Child custody decisions are governed by the best interests of the child standard under DRL §240.

Courts evaluate:

• Stability of each parent’s home
• Ability to meet the child’s needs
• Parent-child relationships
• In some cases, the child’s preferences

New York does not presume joint custody.

While joint custody may be awarded when parents can cooperate, sole custody is common in high-conflict cases.

High-Asset Divorce and Financial Complexity

When a divorce involves businesses, investments, or significant assets, the stakes are higher and the process becomes more complex.

We work with financial professionals to:

• Value business interests and investments
• Identify and trace assets
• Address tax implications
• Protect long-term financial stability

These cases require detailed analysis and strategic planning from the outset.

Divorce Mediation

Mediation allows couples to resolve disputes outside of court with the help of a neutral third party.

It can:

• Reduce time and cost
• Maintain privacy
• Allow greater control over outcomes

We guide clients through mediation or review agreements to ensure their interests are protected.

Domestic Violence and Orders of Protection

If your situation involves abuse or threats, immediate legal protection is essential.

We assist with:

• Orders of protection
• Emergency custody arrangements
• Safety provisions within divorce agreements

Your safety and your children’s safety come first.

Post-Divorce Modifications and Enforcement

Divorce agreements are not always final.

We help clients with:

• Custody modifications
• Support adjustments
• Enforcement of court orders
• Contempt proceedings when necessary

As life changes, legal solutions may need to change as well.

Serving Staten Island and New York City Families

We represent clients throughout Staten Island and all New York City boroughs.

Our familiarity with Richmond County Supreme Court procedures and local court dynamics allows us to anticipate challenges, avoid unnecessary delays, and move cases forward efficiently.

Frequently Asked Questions

How long does a divorce take in Staten Island?
Uncontested cases typically take 2–6 months. Contested divorces may take 9 months to 2 years depending on complexity.

Do I need to go to court?
Not always. Uncontested divorces may be resolved without appearances, but contested cases often require court involvement.

What is considered marital property?
Most assets acquired during the marriage are considered marital property, regardless of whose name is on the title.

What is no-fault divorce in New York?
It allows divorce based on irretrievable breakdown, but all financial and custody issues must still be resolved.

How is spousal maintenance calculated?
New York uses a statutory formula based on income, subject to caps and judicial discretion.

How much does a divorce cost in New York?
Divorce costs can vary widely, but cases involving children and financial disputes can be among the most expensive in the country, making efficiency and strategy critical.

Contact a Staten Island Divorce Lawyer

Divorce is a major legal and personal transition. The decisions made during this process will affect your finances, your family, and your future.

At Angiuli & Gentile, LLP, we provide experienced, strategic guidance to help you move forward with clarity and confidence.

Schedule a confidential consultation today.