Staten Island Divorce Lawyer

Divorce and family law help for Staten Island residents

Neuhaus & Yacoob LLC represents Staten Island residents in contested and uncontested divorce, custody and parenting time, child support and maintenance, Family Court cases, and prenuptial and postnuptial agreements. Joel Yacoob personally handles every matter the firm accepts and is admitted in both New York and New Jersey.

Our office is at 195 Montague Street in Brooklyn. Consultations are available by phone or video, office hours are Monday through Friday, 9 AM to 7 PM, and you can start with our online intake form.

Where Staten Island cases are heard

Supreme Court, Richmond County: 26 Central Avenue

Only the Supreme Court can grant a divorce. Staten Island divorces are brought in the Supreme Court, Richmond County, at 26 Central Avenue, Staten Island, NY 10301, a short walk from the Staten Island Ferry terminal. The justice assigned to a divorce can also decide custody, support and the division of property.

Richmond County Family Court: 18 Richmond Terrace

The Richmond County Family Court, at 18 Richmond Terrace, Staten Island, NY 10301, is a separate court. It hears custody and visitation, child support, spousal support and family offense petitions, and child-protective cases brought by the Administration for Children's Services (ACS), but it cannot grant a divorce. Parents who are not divorcing usually start custody cases there.

When one spouse lives in New Jersey or another borough

County venue follows CPLR 515: a county where either spouse lives or, if there are minor children, where a child lives, and a court may allow another county for good cause. A Staten Island resident whose spouse lives in Brooklyn can generally file in either county. Whether a New York court can grant the divorce at all depends on residency: usually at least one year of continuous New York residence by either spouse, or two years in some situations (Domestic Relations Law (DRL) § 230).

If your spouse or children have moved to New Jersey, where support and custody should be decided can turn on separate jurisdiction rules. Joel Yacoob is admitted in both states and can advise on both sides of that line. For New Jersey procedure, see our guide to uncontested divorce in New Jersey.

What we handle on Staten Island

Homes, pensions and retirement accounts

Marital property is generally what either spouse acquired during the marriage and before a separation agreement or the divorce action, regardless of whose name is on the deed (DRL § 236(B)(1)(c)), and it is divided equitably, not necessarily equally (DRL § 236(B)(5)(c)). A house bought before the marriage is usually separate property, but an increase in its value can be marital to the extent it came in part from the other spouse's contributions or efforts (DRL § 236(B)(1)(d)(3)). Spouses can also agree on a different division in a written settlement agreement that is signed and acknowledged (DRL § 236(B)(3)).

Pension rights earned between the wedding and the start of the divorce action are marital property, and the Court of Appeals approved dividing each payment by a "marital fraction" (Majauskas v. Majauskas, 61 N.Y.2d 481 (1984)). Once the automatic orders take effect, neither spouse may withdraw or dispose of retirement funds, such as 401(k) or IRA balances, without written consent or a court order (DRL § 236(B)(2)(b)). Our equitable distribution guide explains more.

How a Staten Island divorce proceeds

1. Filing. A summons with notice or a summons and verified complaint starts the case (DRL § 211). The no-fault ground requires a sworn statement that the marriage has broken down irretrievably for at least six months (DRL § 170(7)).
2. Automatic orders. Served with the summons, they bind the filing spouse on filing and the other spouse on service, and restrict property transfers, retirement withdrawals, unreasonable debt and changes to insurance coverage (DRL § 236(B)(2)(b)).
3. Conference and disclosure. In a contested case, the court holds a preliminary conference after a judge is assigned (22 NYCRR 202.16(f)), and both spouses exchange sworn financial disclosure (DRL § 236(B)(4)(a)).
4. Agreement or trial. Property, support, counsel fees, custody and parenting time must be settled or decided before a no-fault judgment (DRL § 170(7)).

In an uncontested case, the clerk and a judge review the submitted papers before the judge signs the Judgment of Divorce. Timing varies with the court's workload; many uncontested cases are completed within several months of the papers being submitted.

What to gather before your consultation

• Your date and place of marriage, and the children's dates of birth.
• Recent tax returns and pay stubs for both spouses, if you have them.
• Statements for bank, brokerage, 401(k), IRA and pension accounts.
• The deed and mortgage statement, or the lease, for your home.
• Any prenuptial or postnuptial agreement and any existing court orders.

Staten Island neighborhoods we serve

We represent clients across Staten Island, including St. George, Tompkinsville, Stapleton, Rosebank, West Brighton, Port Richmond, Mariners Harbor, Westerleigh, Grymes Hill, Todt Hill, New Springville, Dongan Hills, New Dorp, Great Kills, Eltingville, Annadale, Huguenot and Tottenville. See also our Brooklyn page.

Fees and next steps

An uncontested divorce costs a fixed $1,500 with no children, $2,000 with children, or $2,500 with real estate. Court filing fees are extra, and payment plans are available. Prenuptial agreements start at $2,500 and postnuptial agreements at $3,000. Contested cases are handled under a written retainer agreement, which New York requires in domestic relations matters (22 NYCRR 1400.3).