Staten Island Divorce Lawyer

When a marriage ends, the questions can feel endless. You may be worried about whether you can hold on to the house, how your children will handle living in two homes, whether the pension you have spent years earning is at risk, and how you will manage financially once there is only one paycheck. Whether you live near the ferry in St. George or in a house you have owned for decades in Annadale, those concerns deserve clear, honest answers.

With nearly 30 years of experience handling divorce, custody, support, and other matrimonial cases in New York, Stephen Bilkis leads a firm whose attorneys collectively bring more than 300 years of legal experience to every case. Stephen Bilkis & Associates has handled more than a combined 10,000 divorce consultations and cases, and we start each one by listening to what is happening in your family, reviewing what you own and owe, and learning what matters most to you as you plan for life after the divorce.

Every Staten Island divorce has its own set of challenges. Some spouses have been married for a few years, rent their home, and agree on nearly everything. Others have spent decades building a life together, own a house with a mortgage that is nearly paid off, and have retirement benefits from the NYPD, FDNY, Department of Education, or another public employer that must be divided. We take the time to understand the full picture so that every decision made in the divorce reflects your actual circumstances.

Uncontested and Contested Divorce on Staten Island

Whether you and your spouse have already worked out most of the details or cannot agree on anything, the path your divorce takes will impact how quickly you can move on and how much of your savings the process will consume. Stephen Bilkis handles both kinds of divorce for Staten Island clients and knows that a case that starts out friendly does not always stay that way. We treat an agreed divorce with the same attention to detail as a hard-fought one, because a settlement that skips over an issue today can turn into an expensive dispute later.

Your divorce will fall into one of two categories:

• Uncontested divorce. When you and your spouse agree on property, support, custody, and parenting time, we prepare or review the settlement agreement so that it covers every issue in clear, enforceable terms.
• Contested divorce. When you disagree on even one of those issues, Stephen Bilkis and his team gather financial records through discovery, work with appraisers and other experts when needed, and prepare the evidence and testimony for court.

Staten Island divorces are decided in Richmond County Supreme Court at 26 Central Avenue in St. George, while custody and support cases that are not part of a divorce go to Richmond County Family Court at 100 Richmond Terrace. Before a judge is assigned to a divorce, a request for judicial intervention must be filed, and agreed divorces use a separate uncontested form, so filing the wrong one can hold up the case. Most contested divorces are still resolved before trial, and careful preparation often puts our clients in a stronger position to negotiate a fair settlement.

Clients who have recently moved to Staten Island from New Jersey or another state also often ask us whether they can file for divorce here right away. New York generally requires at least one spouse to have lived in the state for two continuous years before filing, although the period can be one year if, for example, you were married in New York or lived here as a married couple. We review your history before anything is filed, so the case is not dismissed and started over.

Divorce Mediation on Staten Island

For many couples, the idea of arguing through their marriage’s problems in a courtroom, while legal fees pile up and the children sense the tension at home, is exactly what they want to avoid. Stephen Bilkis & Associates counsels spouses who have chosen mediation and helps others decide whether it is a realistic option for their family. Our role is to support a cooperative process while making sure you understand what you are agreeing to and what rights you may be giving up.

A mediator can help spouses talk through their disagreements, but a mediator is neutral and cannot give legal advice to either of you. The experienced Staten Island divorce lawyers at our firm can prepare you for each session, explain how a proposed term compares with what a court would likely decide, and review the final agreement before it becomes binding.

Mediation does not fit every situation. When there has been domestic violence, or when one spouse has kept the other in the dark about the family’s finances, a different approach may be needed, and we will tell you so directly.

As the final paperwork comes together, spouses also often ask us whether they can go back to their prior last name. They can, because the divorce judgment can allow either spouse to resume the last name used before the marriage, and we include that provision so the signed judgment can be used to update identification and other records.

Property Division and Pensions in a Staten Island Divorce

For many Staten Island families, the house and a city pension are the two largest assets they will ever have, and the thought of losing either one in a divorce can feel like losing the foundation of your life. The experienced Staten Island divorce lawyers at Stephen Bilkis & Associates handle the division of family homes, rental properties, savings and investments, small businesses, NYPD, FDNY, Sanitation, and Department of Education pensions, and 401(k) and 457 deferred compensation plans. We begin with a complete list of every asset and debt, so that nothing is overlooked, undervalued, or quietly transferred.

Under New York’s equitable distribution law, marital property is divided fairly, which does not always mean equally. Marital property generally includes anything acquired during the marriage, regardless of whose name is on the title, while separate property, such as property owned before the marriage, inheritances, and certain gifts, generally stays with the spouse who owns it. When the house is at stake, the court may award it to one spouse and offset its value with other assets, or order it sold and the proceeds divided.

According to the New York State Department of Health, 935 divorces were granted on Staten Island in 2022. Nearly a third of them ended marriages that had lasted 20 years or more, which is often long enough for a pension to become one of the most valuable assets in the case. A pension earned during the marriage is generally marital property, even though only one spouse is enrolled in the plan, and the non-employee spouse is usually entitled to a share of the benefits earned during the marriage. Stephen Bilkis and his team separate the marital share from the portion earned before the marriage or after the case began, and they make sure the court order dividing the pension is drafted correctly and approved by the pension system, because an error can delay payments or cost a client benefits. Disability pensions, which are common among police officers and firefighters, raise additional questions, since part of a disability benefit may be treated as separate property.

Sometimes a spouse tries to protect money by moving it into another account, running it through a business, or simply leaving it off the financial disclosures. When there is reason to believe a spouse is hiding assets, Stephen Bilkis and his team review tax returns, bank statements, and business records and, when necessary, use subpoenas and forensic accountants to trace and value them.

Another question that comes up early in many Staten Island divorces is whether it matters which spouse files first. In most cases, filing first does not give a spouse a major advantage in how property is divided, but filing does set the date used for certain financial calculations and puts automatic orders in place that stop both spouses from transferring or wasting marital assets.

Spousal Maintenance on Staten Island

If you stepped away from your career to raise your children or care for your home, the thought of supporting yourself after the divorce can be frightening, and if you are the higher earner, you may be worried about payments that leave you unable to get back on your feet. Stephen Bilkis helps spouses on both sides of maintenance disputes. The firm works to make sure any award reflects each spouse’s true income, expenses, and ability to earn a living.

Maintenance, which was formerly called alimony, may be paid while the divorce is pending, after it is final, or both. New York uses a formula based on the spouses’ incomes to determine a guideline amount, and the length of the marriage is used to determine how long payments may last. The court can depart from the guideline amount when it would be unjust, considering factors such as each spouse’s age, health, earning capacity, and any career sacrifices made for the family.

Many spouses worry about whether their health insurance will end after the divorce. If you are covered through your spouse’s plan, it usually will, and under Domestic Relations Law § 255, the court must make sure both spouses have been told that this coverage may end once the judgment is signed. We plan for that change early, including temporary continuation coverage such as COBRA and the cost of new insurance, so it is factored into any maintenance discussion.

Child Custody on Staten Island

Worrying about how much time you will have with your children, and whether they will feel pulled between two homes, can overshadow every other part of a divorce. Mothers and fathers across Staten Island turn to Stephen Bilkis when custody and parenting time are in dispute in Richmond County Supreme Court or Richmond County Family Court. The firm focuses on building a parenting arrangement that protects your bond with your children and keeps their routines as steady as possible.

New York judges decide custody based on the child’s best interests, and they generally look at three areas:

• Each parent’s role. The court considers which parent has been handling day-to-day care and whether each parent encourages a healthy relationship with the other parent.
• Each home. The court looks at the stability of each household and whether it meets the child’s needs.
• The child. The court considers the child’s needs and, depending on age and maturity, the child’s own preferences.

Custody issues on Staten Island often involve a parent who wants to move, and when that happens, the court looks at the reasons for the move and its impact on the children’s relationship with the other parent. For example, a mother in Tottenville who is offered a better-paying job in Woodbridge, just across the Outerbridge Crossing, may want to move there with the children. In that case, we would gather proof of the job offer, the schools the children would attend, and a parenting schedule that keeps the father involved. This evidence would show that the move would limit disruption in the children’s lives, serve their interests, and support their continued relationship with their father.

How Child Support Is Calculated on Staten Island

Child support can feel like a threat to your family’s security, whether you are worried about keeping up with the mortgage and school costs or about being ordered to pay an amount you simply cannot afford. Stephen Bilkis & Associates helps both parents who are seeking support and parents who have been asked to pay it. Our approach starts with an accurate picture of each parent’s real income, including overtime, side work, and other earnings that may not be obvious from a pay stub.

Here is what we make sure our clients understand about child support on Staten Island:

• How long support lasts. In New York, parents are required to support their children until age 21.
• How the basic amount is set. Under Domestic Relations Law § 240(1-b), basic child support is generally a percentage of the parents’ combined income up to a statutory cap, and the percentage increases with the number of children.
• Additional costs. The court may also divide expenses such as childcare, health insurance, uncovered medical costs, and in some cases education.

Calculating income becomes more complicated when a parent is self-employed, is paid in cash, or has cut back on work to lower support. In those situations, we review business records, bank deposits, and spending habits. When the evidence supports it, the experienced Staten Island divorce lawyers at our firm ask the court to base support on what the parent is capable of earning.

Prenuptial and Postnuptial Agreements on Staten Island

It can feel unfair when an agreement you signed before or during the marriage determines what you leave with, or when an old custody or support order no longer fits your family’s life. Clients turn to Stephen Bilkis & Associates both to enforce these agreements and to challenge them, as well as to change orders that no longer work. We examine how the agreement was negotiated and signed and whether each spouse fully disclosed their finances, because those details often determine whether it will stand.

Many Staten Island prenups and postnups protect property that has stayed in one family for decades, such as a two-family house in Great Kills or a contracting business a parent started. They are also common in second marriages, when each spouse wants to protect a home or pension for their own children. An agreement may be set aside in some circumstances, such as when it was not properly signed and acknowledged, was obtained through fraud or duress, or is unconscionable.

After a divorce, custody, parenting time, and support orders can generally be modified when there has been a substantial change in circumstances. On Staten Island, that change often comes when a police officer or firefighter retires and moves from a full salary to a pension. It can also come when a parent takes a job that changes their commute or schedule, or when a child’s needs change in the teenage years.

Our firm also handles separation agreements, paternity cases, and enforcement proceedings when a former spouse fails to follow the terms of the divorce judgment. When a former spouse stops paying support or ignores the parenting schedule, we ask the court to order compliance and, when appropriate, to hold that spouse in contempt.

Orders of Protection on Staten Island

Sometimes domestic violence is the reason a marriage ends, and for some spouses, the risk of violence grows once they file for divorce or move out. The experienced Staten Island divorce lawyers at Stephen Bilkis & Associates handle order of protection cases for both people seeking protection and people who have been named in a petition. We treat these calls as emergencies, because the first decisions a court makes can affect where you live and when you see your children. You can ask for protection in Richmond County Family Court, in your divorce case in Richmond County Supreme Court, or in criminal court if your spouse has been arrested, and we help you decide which path makes the most sense.

When you call us about an urgent safety concern, here is what we do:

• Make sure you are safe right now. If you are in immediate danger, we tell you to call 911 first, and then we help you plan where you and your children can stay safely.
• Gather the evidence quickly. We collect texts, voicemails, photos of injuries or damage, police reports, and medical records while they are still easy to find.
• Prepare and file the petition. We draft a clear, detailed petition and ask the court for a temporary order of protection, which can often be issued the same day it is filed.
• Ask for the protections you need. We request terms that keep your spouse away from you, your home, and your children’s school, and we ask the court to address temporary custody and who may stay in the home.
• Prepare for the hearing. We get you ready to testify and present your evidence when the court decides whether to issue a final order.

If you have been named in a petition, we act just as quickly. We review the allegations, explain exactly what the temporary order requires so you do not accidentally violate it, and build your side of what happened for the hearing. 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.

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

Contact the experienced divorce attorneys serving Staten Island at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what is going on in your marriage, whether a court date or temporary order is already pending, and what you hope to accomplish. We will review your situation and identify the next steps that may be available. Early action matters, because the choices you make at the start of a divorce, such as moving out or withdrawing money from joint savings, can impact the outcome of your case.

The attorneys you work with are part of a firm whose founder has been recognized by respected legal organizations. Stephen Bilkis has been named to the New York Super Lawyers list, which includes only the top 5% of attorneys in the state. He holds an Excellent rating from Avvo, has been recognized by Justia as a Top-Rated Lawyer, and has also received recognition from Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates helps families across Staten Island, from St. George and New Dorp to Great Kills and Tottenville. The firm also works with clients throughout the rest of New York City and the surrounding area.