Bronx Divorce Lawyer

A divorce in the Bronx often involves more than ending a marriage. Many families have to decide who keeps a rent-stabilized apartment or a co-op, how a city or union pension will be divided, and how parenting time can work around hospital, transit, and other shift schedules. Families come to us from Co-op City to Mott Haven, often at one of the most uncertain moments of their lives.

Stephen Bilkis has spent nearly 30 years helping people through divorce, and the attorneys at Stephen Bilkis & Associates bring more than 300 years of combined legal experience to cases in the Bronx and throughout New York. Together, the firm has handled a combined more than a combined 10,000 divorce consultations and cases.

The decision to divorce usually raises hard questions long before any papers are filed. You may be wondering whether you can stay in the apartment or house, how your children will divide their time between two homes, what will happen to the pension or savings you built together, and whether there will be enough money to run two households instead of one. Our first step is to understand your marriage, your children, your finances, and the future you are hoping for.

No two Bronx divorces follow the same path. Some spouses have lived apart for years and mainly need their arrangement put in writing. Others still share a home and are divided over custody, support, property, or whether all of the family’s income has been disclosed. We review the full picture so that the choices made in your case fit the life you are actually living.

Filing for Divorce in the Bronx

Once you have decided your marriage is over, the last thing you want is to file papers only to have them sent back weeks later because something was missing. Stephen Bilkis & Associates prepares and files divorce papers for Bronx clients with the court’s requirements in mind from the start. We check every form before it is submitted, because small errors are one of the most common reasons an uncontested divorce stalls.

Divorces in the Bronx are filed in Bronx County Supreme Court at 851 Grand Concourse. According to the New York State Department of Health, the court granted 5,632 divorces in 2022, more than in any other borough, so it handles a heavy caseload and expects papers to be complete and correct. Our experienced Bronx divorce lawyers handle each step of a Bronx divorce for you:

• Confirming you can file in New York. We review your history to make sure you meet the residency rules under Domestic Relations Law § 230, which generally require two continuous years in New York, or one year if you married here or lived here as a married couple.
• Starting the case. We purchase the index number from the Bronx County Clerk and file the summons that formally begins your divorce.
• Serving your spouse. We arrange for the papers to be delivered to your spouse, and if your spouse cannot be found, we ask the court for permission to serve them another way.
• Exchanging financial information and resolving the issues. We prepare your financial disclosures, review your spouse’s, and work to settle the terms or present your case to the court.
• Submitting the final papers. We prepare the final paperwork for the court’s Matrimonial Support Bureau and, if the court mails a postcard saying anything is defective, we pick up the papers from the Matrimonial Clerk’s Office in Room 217 and correct them.
• Obtaining the signed judgment. We follow the case until a judge signs the judgment of divorce and it is entered, so you know your marriage is legally over.

Many clients want to know whether they will have to appear in Bronx County Supreme Court if their divorce is uncontested. In many cases they will not, because the court reviews the papers and signed settlement agreement without either spouse being present. However, the judge may occasionally ask for a brief appearance, especially when there are questions about the children, support, or how the papers were served. We prepare the papers carefully to avoid that, and if an appearance is required, we go with you.

Contested and Uncontested Divorce in the Bronx

When you and your spouse can still work through problems together, or when every conversation ends in a standoff, the direction your divorce takes will impact how long it lasts, what it costs, and how hard it is on everyone at home. Stephen Bilkis & Associates handles both uncontested and contested divorces for Bronx spouses and understands that a case can move from one category to the other as it goes forward. Our firm gives an uncontested divorce the same attention as a contested one, because an agreement that leaves out an issue can lead to new problems years from now.

Every divorce in the Bronx falls into one of two categories:

• Uncontested divorce. When you and your spouse agree on every issue, including property, support, custody, and parenting time, we draft or review each provision of the settlement agreement so that it is complete, clear, and enforceable.
• Contested divorce. When you disagree on even one issue, such as who stays in the home or how much support will be paid, Stephen Bilkis and his team gather financial records, bring in appraisers and other experts when needed, and prepare the evidence and witnesses for court.

Most contested cases still settle before trial, and a case that has been carefully prepared by the experienced Bronx divorce lawyers at our firm puts our clients in a stronger position when it is time to negotiate. Even when a settlement seems likely, we prepare as though a judge may decide the case, so you are not pressured into accepting unfair terms.

Since most clients want the divorce process behind them as soon as possible, one of the first questions they ask is how long it will take for the divorce to be final. The answer largely depends on whether the divorce is contested or uncontested. An uncontested divorce can often be finalized within a few months after the papers are submitted, while a contested divorce involving custody, support, or property disputes can take a year or longer. When both spouses agree on the terms, we can usually move the case along faster by submitting a complete settlement agreement and paperwork that Bronx County Supreme Court can approve without sending it back.

Child Custody and Visitation in the Bronx

For many parents, the hardest part of divorce is picturing a quiet apartment on the nights the children are away, or hearing about a school event only after it has happened. Mothers and fathers throughout the Bronx rely on Stephen Bilkis when they disagree about custody, visitation, or parenting time, whether the matter is pending in Supreme Court or in Bronx Family Court on Sheridan Avenue. The firm works toward a parenting plan that protects the client’s bond with the children while giving the children a steady, predictable routine.

New York courts decide custody based on the best interests of the child. Judges look at factors such as which parent has handled day-to-day caregiving, the stability of each home, the child’s particular needs, the child’s own preferences when the child is old enough, and whether each parent will encourage the child’s relationship with the other parent. Parenting time, often still called visitation, may be a flexible schedule the parents work out themselves or a detailed court order covering school days, weekends, holidays, summer vacation, and pickups and drop-offs.

Some cases involve a forensic evaluation or the appointment of an attorney for the child. Our attorneys prepare clients for each of those interviews and challenge conclusions that are incomplete or one-sided. The experienced Bronx divorce lawyers at our firm will also make sure that custody and parenting time fit within the larger strategy for your divorce rather than being handled in isolation.

Child Support in the Bronx

Few worries weigh on a parent like wondering whether there will be enough for rent and groceries, or whether a support order will leave almost nothing from each paycheck. Stephen Bilkis works with Bronx parents on both sides of support cases to make sure the numbers are calculated correctly. Our approach starts with a careful look at what each parent really earns, which does not always match what appears on a tax return.

In New York, parents are legally responsible for supporting their children until age 21. Under the Child Support Standards Act, basic support is generally set as a percentage of the parents’ combined income up to a statutory cap, beginning at 17% for one child and increasing with each additional child. Courts can also divide the costs of child care, health insurance, unreimbursed medical expenses, and in some cases education.

Income is not always easy to see. For example, a father in Soundview who drives for a rideshare service may report only a fraction of what he earns, so we would obtain his trip and payout records, compare them with his bank deposits, and ask the court to base support on his real income. When a parent runs a small business, works in a trade that pays in cash, or has cut back on work to lower a support obligation, Stephen Bilkis and his team take the same approach, examining business records, bank deposits, and spending patterns and asking the court to impute income when the evidence supports it.

Spousal Maintenance in the Bronx

If you set your career aside to raise children or keep the household running, the thought of paying rent on your own can be overwhelming, while a spouse who earns more may fear an obligation that cannot realistically be met. The experienced Bronx divorce lawyers at Stephen Bilkis & Associates represent spouses who need maintenance as well as spouses who may be ordered to pay it. Our goal is an award that reflects each spouse’s real financial situation and what daily life will look like once the divorce is final.

Maintenance, which used to be called alimony, is support one spouse pays to the other while the case is pending, after the divorce, or both. New York uses guidelines to calculate temporary and post-divorce maintenance based on the spouses’ incomes up to a cap that is adjusted periodically, and the length of the marriage sets an advisory range for how long payments should continue.

A court may depart from the guidelines after considering factors such as each spouse’s age and health, their ability to earn, and whether one spouse gave up career opportunities to care for the home or children. We gather and present the evidence needed to argue for or against that kind of adjustment.

Equitable Distribution of Property in the Bronx

Dividing a home, savings, or a pension you spent decades building can feel like taking your life apart piece by piece, and a mistake at this stage can follow you for years. Stephen Bilkis handles property disputes involving Bronx houses and co-op apartments, city and union pensions, retirement plans, family businesses, professional practices, and investment portfolios. The firm starts by listing every asset and every debt so that nothing is missed, undervalued, or quietly moved out of reach.

New York divides marital property through equitable distribution (link to: ), meaning a division that is fair but not necessarily equal. Marital property generally includes what either spouse acquired during the marriage, no matter whose name is on the deed or title. Separate property, such as assets owned before the marriage, inheritances, and certain gifts, is generally not divided.

When there is reason to believe assets are being hidden, Stephen Bilkis and his team review tax returns, bank and brokerage statements, and business records. Where necessary, the firm issues subpoenas and works with forensic accountants to trace and value what the other spouse has not disclosed.

Divorce Mediation in the Bronx

Many Bronx couples would rather not spend months in a courtroom, empty their savings on legal fees, or have their children watch the marriage end in a public fight. Stephen Bilkis & Associates advises clients who have chosen mediation as well as clients who are still deciding whether it is right for them. We support a cooperative process, but never at the expense of a client agreeing to terms before understanding what those terms mean.

A mediator leads the negotiation but is neutral and cannot give legal advice to either spouse. Our Bronx divorce lawyers fill that gap by preparing clients before each session, explaining how a proposed term measures up against what a judge would likely order, and reviewing the final agreement before anything is signed.

Mediation is not the right choice for every family. When there has been domestic violence, or when one spouse controls the money and the information about it, a mediated process can leave the other spouse at a serious disadvantage. If we believe your interests would be better protected another way, we will tell you so directly.

As a mediated agreement is being finalized, Bronx clients often ask whether they can go back to their former last name. They can, because the divorce judgment can include a provision allowing either spouse to resume a prior surname, which makes it easier to update identification, bank records, and other documents afterward.

Prenuptial Agreements, Postnuptial Agreements, and Modifications in the Bronx

Being held to an agreement you signed years ago, or to a custody or support order that no longer fits your family’s life, can leave you feeling stuck. Stephen Bilkis & Associates litigates the validity and enforcement of prenuptial and postnuptial agreements and helps clients asking the court to change existing orders. We look closely at how an agreement came together, including how it was negotiated, how it was signed, and what each spouse disclosed, to determine whether it should be enforced or challenged.

An agreement may be set aside in certain situations, such as when it was not properly signed and acknowledged, was obtained through fraud or pressure, or is so one-sided that it is unconscionable. After a divorce, a support, custody, or parenting time order can generally be modified when circumstances have substantially changed. The firm also handles separation agreements, paternity proceedings, and enforcement actions when a former spouse does not follow a judgment.

Orders of Protection in the Bronx

When you are afraid of your spouse, or afraid for your children, getting safe comes before any question about money, property, or the divorce itself. Stephen Bilkis handles order of protection cases for Bronx residents who are seeking protection as well as those who have been named in a petition. The firm moves quickly to put the evidence the judge needs before the court.

An order of protection can require a spouse to stay away from the home, the children’s school, or the other spouse’s workplace, and it can influence temporary custody and who may remain in the marital residence while the case is pending. Violating an order of protection is a criminal offense that can result in arrest and prosecution, and a person facing that charge may also need a New York Criminal Lawyer.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

Contact the experienced divorce attorneys in the Bronx at Stephen Bilkis & Associates today at 800.696.9529 for a free consultation. We can help with divorce, custody, child support, orders of protection, and other family law matters. Let us know what has happened, whether a court date or temporary order is already in place, and what you want to achieve. We will talk through your situation and outline the next steps that may be available to you. Early action matters, because decisions made in the first weeks of a divorce, such as moving out, withdrawing money, or agreeing to a temporary schedule, can impact the rest of the case.

At Stephen Bilkis & Associates, we take the time to understand your marriage and the issues most important to you. We consider your family, income, property, debts, and goals so that the strategy we build fits your circumstances. When a fair agreement is within reach, we work toward resolving the case through negotiation. When key issues cannot be settled, we are ready to advocate for you in court.

That commitment is reflected in the recognition the firm’s founder has earned. Stephen Bilkis has been selected to the New York Super Lawyers list, which honors the top 5% of attorneys in the state. He is rated Excellent by Avvo, recognized as a Top-Rated Lawyer by Justia, and recognized by Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates works with families across the Bronx, from Riverdale and Fordham to Parkchester and Co-op City. The firm also helps clients throughout the rest of New York City and the surrounding counties.