RHONY Star Sai De Silva's Husband Files Contested NY Divorce After 9 Years

'Real Housewives of New York' star Sai De Silva is facing a contested divorce after her husband, David Craig, filed as plaintiff in New York following nearly nine years of marriage and almost 20 years together, E! News reported. Because the case is labeled "contested," it signals the couple has not yet agreed on key terms — meaning New York's equitable distribution and custody rules under N.Y. Dom. Rel. Law § 236 will govern how their assets and parenting time for their two children are divided.

Key Facts

Why a 'contested' divorce filing matters legally

A "contested" label means the spouses have not reached agreement on at least one major issue — property division, child custody, child support, or spousal maintenance. In New York, a contested divorce proceeds through the courts under N.Y. Dom. Rel. Law § 211, which can involve discovery, financial disclosure, motion practice, and potentially a trial. By contrast, an uncontested divorce resolves all terms by written agreement before filing, often concluding in three to six months.

The contested designation does not predict acrimony or outcome. Couples frequently file as contested simply because terms remain unsettled at the moment of filing, then negotiate a settlement later. Roughly 90 to 95 percent of New York divorce cases ultimately settle before trial, according to general family law practice data. The label primarily affects procedure and timeline, not the eventual likelihood of resolution.

How New York law handles a contested divorce

New York is an equitable distribution state, not a community property state. Under N.Y. Dom. Rel. Law § 236(B)(5), courts divide marital property — assets acquired during the marriage — fairly, though not necessarily equally (50/50). Judges weigh roughly 14 statutory factors, including the length of the marriage, each spouse's income and property, age and health, and the contributions each made as a homemaker or wage earner. A nine-year marriage with significant shared assets typically receives a meaningful, but not automatic, division of marital property.

For grounds, New York adopted no-fault divorce in 2010 through N.Y. Dom. Rel. Law § 170(7), allowing a spouse to file based on an irretrievable breakdown of the marriage lasting at least six months. This means neither spouse must prove wrongdoing such as adultery or cruelty to obtain a divorce.

Child custody — now called "custody and parenting time" — is decided under the "best interests of the child" standard codified in N.Y. Dom. Rel. Law § 240. For children aged 14 and 8, courts consider stability, each parent's caregiving history, the child's relationship with each parent, and, for an older child, the child's preferences as one factor among many. New York courts do not presume either parent is the better custodian based on gender.

Child support follows the Child Support Standards Act under N.Y. Dom. Rel. Law § 240(1-b). For two children, the basic support obligation is calculated at 25 percent of combined parental income up to a statutory cap (adjusted periodically), with the non-custodial parent paying a pro-rata share based on income. Add-on expenses for childcare, health insurance, and education are typically apportioned separately.

Spousal maintenance, if awarded, follows the formula in N.Y. Dom. Rel. Law § 236(B)(6), which sets guideline amounts and an advisory duration schedule tied to marriage length. For a marriage of zero to 15 years, the advisory duration is generally 15 to 30 percent of the length of the marriage — meaning a roughly nine-year marriage could support a maintenance term in the range of approximately 16 to 32 months, subject to judicial discretion.

Practical takeaways for New York residents

1. Understand that "contested" is a starting point, not a verdict. If you receive a contested filing, it means terms are unsettled — not that a courtroom battle is inevitable. Most New York cases settle through negotiation or mediation before trial.

2. Gather financial documentation early. New York requires a sworn Statement of Net Worth under N.Y. Dom. Rel. Law § 236(B)(4). Assemble tax returns, bank statements, retirement accounts, and property records before your first court appearance to avoid delays.

3. Prioritize a parenting plan when children are involved. Courts apply the "best interests" standard under N.Y. Dom. Rel. Law § 240. A proposed schedule covering school-year and holiday time strengthens your position and reduces conflict for children aged 8 and 14.

4. Know that New York does not require fault. Under no-fault grounds in N.Y. Dom. Rel. Law § 170(7), you can proceed on an irretrievable breakdown of at least six months without proving misconduct.

5. Calculate child support using CSSA percentages. For two children, the guideline is 25 percent of combined parental income up to the statutory cap. Use a New York child support calculator to estimate your obligation before negotiating.

6. Consider privacy implications if your divorce may become public. New York divorce records are generally sealed under N.Y. Dom. Rel. Law § 235, which restricts public access to matrimonial filings — relevant for anyone whose split may draw media attention.

If you are navigating a contested divorce in New York and want to understand how equitable distribution, custody, and support rules apply to your specific situation, connecting with an experienced New York family law attorney can help you protect your interests and your children's stability.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.