In Madison County, New York, divorce requires a 6-month irretrievable breakdown under DRL § 170. Law Offices Of SRIS, P.C. has 45 documented case results across all practice areas in Madison County. Mr. Sris, a former prosecutor, leads your family law case. Consultation by appointment.
New York Domestic Relations Law (DRL) § 170 governs grounds for divorce in Madison County. The statute allows no-fault divorce based on irretritrievable breakdown of the relationship for at least six months. DRL § 236 addresses equitable distribution of marital property and maintenance (alimony) calculations. DRL § 240 covers child custody and support determinations. The Family Court Act (FCA) applies to custody, visitation, and support matters heard in Madison County Family Court.
Last verified: April 2026 | Madison County Supreme Court | New York Domestic Relations Law § 170 (official New York State Senate)
Review the official New York statutes: New York Domestic Relations Law § 170 (official New York State Senate) and the Madison County Supreme Court website.
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. New York requires a 6-month period of irretrievable breakdown or a signed separation agreement for no-fault divorce. Maintenance (alimony) is calculated using a codified statutory formula for both temporary and post-divorce periods. Child support follows a statutory percentage formula (17% for one child, 25% for two, etc.) on combined parental income up to $163,000. Automatic restraining orders (DRL § 236) freeze marital assets and prohibit changes to insurance upon filing. Collaborative law and mediation are increasingly used.
- File a Summons with Notice or Summons and Complaint at Madison County Supreme Court, North Court Street, Wampsville, NY 13163.
- Pay the index number fee ($335) and Request for Judicial Intervention fee ($95).
- Serve the other party with the filed papers within 120 days.
- Attend the mandatory settlement conference within 45 days of the RJI filing.
- Complete discovery, including financial disclosure and any forensic evaluations.
- Proceed to trial if no settlement is reached, or finalize the judgment of divorce.
In Madison County, New York, divorce carries no criminal penalty but involves equitable distribution of marital property, maintenance calculations, and child support obligations.
| Issue | Classification | Standard | Duration | Financial Impact | Additional Consequences |
|---|---|---|---|---|---|
| No-Fault Divorce | Civil Proceeding | Irretrievable breakdown 6+ months | 3-6 months (uncontested); 12-24+ months (contested) | Filing fee: $335 index + $95 RJI | Automatic orders freeze marital assets |
| Child Support | Statutory Formula | Best interests of child | Until age 21 or emancipation | 17% for one child; 25% for two; up to $163,000 combined income | Enforcement through income deduction orders |
| Maintenance (Alimony) | Statutory Formula | Guideline-based calculation | Varies by marriage length | Codified formula for temporary and post-divorce | Modifiable upon showing of substantial change |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Virginia Code § 20-107.3, the equitable distribution statute. The firm’s tagline is “Advocacy Without Borders.”
Law Offices Of SRIS, P.C. has 45 total documented case results across all practice areas in Madison County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York location serves clients at Madison County courts, accessible via I-90 (NYS Thruway), I-81, I-390, and Route 17/I-86. We serve Wampsville, Oneida, Canastota, Cazenovia, Hamilton, Chittenango, Morrisville, Earlville, and Brookfield.
Family law lawyer near Madison County — available 24/7 phone consultations at (888) 437-7747. Meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
How long does a divorce take in Madison County, New York?
Uncontested divorce: 3-6 months from filing to judgment; contested: 12-24+ months. Mandatory settlement conference before trial. Forensic custody evaluations: 2-6 months. Pendente lite (temporary) motion: heard within 30-60 days. Filed at Madison County Supreme Court.
How is child support calculated in Madison County, New York?
Yes. NY child support uses a statutory formula: 17% for one child, 25% for two, 29% for three, 31% for four, 35% for five+ on combined income up to $163,000 (discretionary above). Cases at Madison County Supreme Court.
How much does a divorce cost in Madison County, New York?
Supreme Court divorce filing fee (index number purchase): $335; Request for Judicial Intervention (RJI): $95; note of issue: $30; service of process: varies ($50-$150); certified copies: $8-$15; mediation: $100-$400/hour; forensic custody evaluation: $5,000-$20,000+.
What is the 6-month irretrievable breakdown requirement for divorce in New York?
It depends. New York requires a 6-month period of irretrievable breakdown of the relationship for no-fault divorce. Alternatively, you may use a signed separation agreement. This requirement is satisfied by stating under oath that the relationship has been broken for at least six months.
What are automatic orders under DRL § 236 in a New York divorce?
Yes. Automatic restraining orders under DRL § 236 freeze marital assets upon filing. They prohibit changing beneficiaries on insurance policies, selling marital property without consent, and incurring unreasonable debt. These orders take effect immediately when the divorce is filed.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.