Real Solutions for
Real Problems
Real Problems
New York Divorce Lawyer
Stephen Bilkis & Associates is led by New York divorce lawyer Stephen Bilkis, who has spent nearly 30 years handling divorce, custody, support, and other matrimonial cases across the state. The firm has handled a combined more than 10,000 divorce consultations and cases, and together its attorneys bring more than 300 years of legal experience to the clients they serve.
When a marriage is coming to an end, the questions about everyday life can feel overwhelming. You may be asking yourself where your children will live and go to school, whether you will be able to stay in your home or have to sell it, how your savings, retirement plans, and any business you own will be split, and whether your spouse is being truthful about money. We begin by getting to know your family, your financial situation, and what you hope to achieve, so that the plan we put in place fits your circumstances instead of following a formula.
No two divorces in New York are exactly alike. For some couples, the main concern is working out a parenting schedule that is fair to both parents and good for the children. For others, the finances are complicated, with retirement plans, investments, real estate, or a family business to divide, and one spouse may have much more information about the money than the other. We look closely at every piece of your situation, from your children’s needs to the details of your finances, so that nothing important is overlooked.
Over the years, Stephen Bilkis has been recognized by a number of respected legal organizations. He has been named to the New York Super Lawyers list, an honor limited to 5% of attorneys in the state, and holds an Excellent rating from Avvo. Justia has recognized him as a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.
Contested and Uncontested Divorce in New York
Whether you and your spouse still agree on most things or can no longer talk without it turning into an argument, the path your divorce takes will decide how long it lasts, how much it costs, and how much strain it puts on your family. Stephen Bilkis handles both contested and uncontested divorces, and he knows that the label a case starts with does not always stay the same. The firm treats an uncontested divorce with the same care as a contested one, drafting or reviewing the settlement agreement line by line so that it addresses every issue and holds up years later. A divorce is uncontested when both spouses agree on every issue, and contested when they disagree about even one, such as who keeps the marital home or how much support will be paid. In a contested case, Stephen Bilkis and his team conduct discovery, exchange sworn financial disclosures, retain appraisers and other experts when needed, and prepare witnesses and evidence for court. Many contested cases still settle before trial, and working with an experienced New York divorce lawyer from our firm to prepare the case thoroughly can give our clients more leverage at the negotiating table.
In Manhattan, divorce cases are heard in New York County Supreme Court at 60 Centre Street. New York courts granted 44,222 divorces in 2022, including 16,532 in New York City, so judges and court staff handle a heavy volume of cases and expect papers to be complete and correct. Uncontested divorce papers are reviewed by the court’s Matrimonial Support Office in Room 311 before the judgment is signed, and papers with missing forms or errors can be sent back for correction, which delays the divorce. In a contested case, the court holds a preliminary conference early in the case and sets deadlines for exchanging financial documents, so being prepared from the start helps avoid unnecessary delay.
One of the questions clients frequently ask us is whether they can get divorced if their spouse does not want a divorce. The answer is yes. Under Domestic Relations Law § 170(7), a spouse can seek a no-fault divorce based on the irretrievable breakdown of the marriage for at least six months. Your spouse can dispute issues such as custody, property division, maintenance, and child support, but refusing to consent to the divorce does not by itself prevent the marriage from eventually being legally ended.
Mediation in New York
Many couples want to end their marriage without spending months in court, draining their savings on legal fees, or putting their children in the middle of a public fight. Stephen Bilkis counsels clients who choose mediation, as well as those who are weighing whether it is the right path. Our firm’s approach is to support a cooperative process while making sure the client understands their rights before agreeing to anything. A mediator helps the spouses negotiate but cannot give legal advice to either of them, so Stephen Bilkis and his team fill that role by preparing clients for each session, explaining how a proposed term compares with what a court would likely order, and reviewing the final agreement before it becomes binding. Mediation is not appropriate in every case, particularly where there has been domestic violence or one spouse controls the family finances, and we will tell you honestly if your interests would be better served another way.
Another question clients frequently ask us is whether they and their spouse can use the same divorce lawyer if they agree on everything. They cannot, because the spouses have separate legal interests, even when they currently agree on every issue. One spouse may retain a lawyer to prepare or review the divorce agreement and other documents, while the other spouse can choose to retain a separate lawyer or proceed without one, and an experienced New York divorce lawyer can protect your interests while helping you complete an uncontested divorce.
Child Custody and Visitation in New York
Few things in a divorce are more frightening than the thought of missing bedtimes, school events, and the everyday moments that make up your children’s lives. Stephen Bilkis represents mothers and fathers in child custody and visitation disputes, including disagreements over parenting time, in both Supreme Court and Family Court. The firm focuses on building a parenting arrangement that protects the client’s relationship with their children and gives the children stability.
New York courts decide custody based on the best interests of the child, weighing factors such as each parent’s history of caregiving, the stability of each home, the child’s needs and, depending on age, the child’s wishes, and each parent’s willingness to support the child’s relationship with the other parent. Parenting time, also commonly referred to as visitation, can range from a schedule agreed upon by the parents to a detailed court-ordered arrangement addressing weekdays, weekends, holidays, vacations, and exchanges.
When a case involves a forensic evaluation or an attorney for the child, Stephen Bilkis and his team prepare the client for each interview and challenge findings that are incomplete or unfair. An experienced New York divorce lawyer from our office can also help make sure that custody and parenting time issues are considered as part of the overall strategy for the divorce.
Clients also often ask us whether they can date someone else while their divorce is pending. You can begin a new relationship before your divorce is final, but doing so can complicate an already difficult situation. A new relationship may increase conflict between spouses and, depending on the circumstances, could become relevant to disputes involving children or marital finances, such as when marital funds are used to pay expenses connected to the new relationship.
Child Support in New York
Whether you are worried about keeping a roof over your children’s heads or about being ordered to pay more than you can afford, child support is often one of the most stressful parts of a divorce. Stephen Bilkis helps parents calculate support accurately, whether they will be paying or receiving it. The firm’s approach starts with a close look at the actual income of both parents, not just the figures reported on a tax return. Every parent in New York has a legal obligation to support their children until they reach 21. Under the Child Support Standards Act, basic support is generally a percentage of the parents’ combined income up to a statutory cap: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Courts may also allocate child care, health insurance, unreimbursed medical costs, and in some cases educational expenses. When a parent is self-employed, paid in cash, or deliberately earning less than they could, Stephen Bilkis and his team examine business records, bank deposits, and lifestyle spending, and ask the court to impute income where the evidence supports it.
If a client came to us because their spouse owned a restaurant and reported far less income than the family spent each month, our approach would be to compare the business’s bank deposits and the family’s household spending with the income shown on the tax returns. We would then ask the court to base child support on what the spouse actually earns, rather than on the lower figure the spouse reported.
Spousal Maintenance in New York
For a spouse who stepped away from a career to raise children or run the household, divorce can bring real fear about paying rent and covering basic expenses, while the higher earning spouse may worry about payments they cannot sustain. Stephen Bilkis represents both spouses who need maintenance and spouses who may be ordered to pay it. The firm works to make sure any award reflects each spouse’s true financial picture and the realities of life after the divorce. Maintenance, formerly referred to as alimony, is support paid from one spouse to the other while the divorce is pending, after it is final, or both. New York uses statutory guidelines to calculate temporary and post-divorce maintenance based on the spouses’ incomes up to a cap that adjusts periodically, and the length of the marriage determines an advisory range for how long payments should last. Courts may depart from the guidelines after considering factors such as age and health, earning capacity, and whether one spouse gave up career opportunities to care for the household or children, and we prepare the evidence needed to argue for or against a deviation.
Equitable Distribution of Property in New York
Dividing a home, savings, and retirement accounts that you spent years building together can feel like watching your life’s work split in two, and a mistake here can affect your finances for decades. Stephen Bilkis handles property disputes ranging from the family home and retirement accounts to closely held businesses, professional practices, and complex investment holdings. The firm begins with a full accounting of every asset and debt so that nothing is overlooked, undervalued, or quietly moved. New York divides marital property through equitable distribution, which means a fair division that is not necessarily an equal one. Marital property generally includes anything acquired by either spouse during the marriage, regardless of whose name is on the title, while separate property such as premarital assets, inheritances, and certain gifts is generally not divided. When assets may be concealed, Stephen Bilkis and his team review tax returns, bank and brokerage statements, and business records and, when necessary, use subpoenas and forensic accountants to trace and value them.
One of the questions clients frequently ask us is whether they have to move out of the marital home before filing for divorce. You generally do not, and in some cases both spouses continue living in the home while the case is pending. Before voluntarily moving out, particularly when you have children or there is a dispute over who will stay in the home, it is a good idea to discuss how that decision could affect your situation with an experienced New York divorce lawyer.
Prenuptial Agreements, Postnuptial Agreements, and Modifications in New York
It can feel unfair when an agreement you signed years ago decides what you walk away with, or when a support or custody order no longer fits the life your family is living now. Stephen Bilkis litigates the enforcement and validity of prenuptial and postnuptial agreements and represents clients seeking to modify existing orders. The firm examines how an agreement was negotiated and signed, and what each party disclosed, to determine whether it can be enforced or challenged. An agreement may be set aside in some circumstances, such as when it was not properly executed, was obtained through fraud or duress, or is unconscionable. After a divorce, a support, custody, or parenting time order can generally be modified when there has been a substantial change in circumstances. We also handle separation agreements, paternity proceedings, and enforcement actions when a former spouse fails to comply with a judgment.
Orders of Protection in New York
If you are afraid of your spouse, or afraid for your children, getting safe has to come before every question about money, property, or the divorce itself. Stephen Bilkis represents clients seeking orders of protection as well as clients who have been named in a petition. The firm moves quickly to present the evidence the court needs to make a decision that protects the client and any children in the home. 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 affect temporary custody and exclusive use of the marital residence. Violating an order of protection is a criminal matter that can lead to arrest and prosecution, and anyone facing that charge may also need a New York Criminal Lawyer from our firm.
Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates
If you are facing a divorce, custody dispute, child support proceeding, order of protection, or another family law matter, contact an experienced New York family lawyer at Stephen Bilkis & Associates today for a free consultation at (800) 696-9529. Tell us what happened, whether a court date or temporary order is pending, and what you hope to accomplish. We will discuss the situation and identify the next steps that may be available.
At Stephen Bilkis & Associates, we take the time to learn about your marriage and the issues that matter to you. We look at your family circumstances, finances, property, debts, and goals so that we can develop an approach that fits your situation. When an agreement can protect your interests, we can work toward resolving the case through negotiation. When important issues cannot be resolved, we are prepared to advocate for you in court.
Stephen Bilkis has received professional honors and ratings that include selection to the New York Super Lawyers list, which recognizes the top 5% of attorneys in the state. He is also rated Excellent by Avvo and has been recognized as a Top-Rated Lawyer by Justia, as well as by Expertise.com and TopLawyer.com. Stephen Bilkis & Associates represents clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau County, Suffolk County, Westchester County, and other communities in the New York area.