Divorce & Family Law Attorney in Madison County, New York
A Felony Conviction Divorce Lawyer Madison County handles the intersection of criminal records and family law. Under New York Domestic Relations Law (DRL) § 170, a felony conviction can be grounds for divorce. Law Offices Of SRIS, P.C. has 45 documented case results in Madison County. Mr. Sris leads our family law team.
Statutory Definition of Divorce Grounds in Madison County
New York Domestic Relations Law (DRL) § 170 provides the legal grounds for divorce. A felony conviction is a fault-based ground under DRL § 170(3). If your spouse has been convicted of a felony and sentenced to three or more years of imprisonment, you may file for divorce on this ground. The conviction must have occurred after the marriage. New York also recognizes no-fault divorce based on irretrievable breakdown of the relationship for six months or more. Equitable distribution of marital property follows DRL § 236. Child support uses a statutory formula: 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children on combined income up to $163,000.
Last verified: April 2026 | Madison County Supreme Court | New York DRL § 170 (official New York State Senate)
External Legal Resources
- New York DRL § 236 (official New York State Senate) — Equitable distribution and maintenance statutes
- Madison County Supreme Court (official New York Courts website) — Court information, forms, and local rules
Insider Procedural Edge: Madison County Supreme Court
Madison County Supreme Court handles all divorce and equitable distribution matters. Madison County Family Court handles custody, visitation, child support, paternity, and family offense petitions.
- File a summons and complaint with Madison County Supreme Court. Pay the $335 index number fee and $95 RJI fee.
- Serve the divorce papers on your spouse. Service of process costs $50-$150.
- Exchange financial disclosures within 20 days of the demand. Include tax returns, pay stubs, bank statements, and retirement account statements.
- Attend the mandatory settlement conference. The court will attempt to resolve all issues without trial.
- If no settlement is reached, file a note of issue ($30 fee) and proceed to trial.
In Madison County, New York, divorce based on a felony conviction carries specific legal consequences for property division, spousal support, and child custody.
| Issue | Legal Standard | Impact |
|---|---|---|
| Grounds for Divorce | DRL § 170(3) — Felony conviction | Spouse convicted of felony, sentenced to 3+ years imprisonment |
| Equitable Distribution | DRL § 236 — Marital property divided equitably | Court considers fault in property division |
| Maintenance (Alimony) | Statutory formula based on income | Temporary and post-divorce maintenance calculated by codified formula |
| Child Support | Statutory percentage formula | 17% for one child, 25% for two, 29% for three, 31% for four, 35% for five+ |
| Child Custody | Best interests of the child standard | Felony conviction may affect custody determination |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Authority in Madison County Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience. We have 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Our favorable outcome rate is 93%+. Mr. Sris personally amended Virginia Code § 20-107.3, the equitable distribution statute, demonstrating our deep understanding of family law. In Madison County, we have 45 total documented case results across all practice areas with a 100% favorable outcome rate.
Case Results in Madison County
Law Offices Of SRIS, P.C. has 45 total documented case results across all practice areas in Madison County, New York, with a 100% favorable outcome rate. These results include divorce, child custody, child support, and other family law matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York Location
Our New York location serves clients at Madison County courts. We are accessible via I-90 (NYS Thruway), I-81, I-390, and Route 17/I-86.
Felony Conviction Divorce Lawyer Madison County — Serving Wampsville, Oneida, Canastota, Cazenovia, Hamilton, Chittenango, Morrisville, Earlville, and Brookfield.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions About Divorce After a Felony Conviction in Madison County
Can I get a divorce if my spouse has a felony conviction in Madison County?
Yes. Under New York DRL § 170(3), a felony conviction is a fault-based ground for divorce if your spouse was sentenced to three or more years of imprisonment. The conviction must have occurred after the marriage.
How long does a divorce take in Madison County, New York?
It depends. An uncontested divorce takes 3-6 months from filing to judgment. A contested divorce takes 12-24+ months. The mandatory settlement conference occurs before trial. Pendente lite motions are heard within 30-60 days.
How is child support calculated in Madison County, New York?
New York uses a statutory formula: 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. This applies to combined income up to $163,000, with discretionary amounts above that threshold.
How much does a divorce cost in Madison County, New York?
The Supreme Court divorce filing fee (index number purchase) is $335. The Request for Judicial Intervention (RJI) costs $95. The note of issue costs $30. Service of process varies from $50-$150. Mediation costs $100-$400 per hour.
Does a felony conviction affect child custody in Madison County?
It depends. New York uses the best interests of the child standard. A felony conviction is a factor the court considers. The court evaluates the nature of the offense, the time since conviction, and the parent’s current circumstances.
What is the 6-month irretrievable breakdown requirement in New York?
New York requires a 6-month period of irretrievable breakdown of the relationship for a no-fault divorce. This means the relationship has broken down irretrievably for at least six months. A signed separation agreement can also satisfy this requirement.
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Last verified: April 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.