Real Housewives of New York star Sai De Silva's husband David Craig filed for divorce on April 2, 2026, after nine years of marriage and two children together. Under New York Domestic Relations Law § 170, New York became a no-fault divorce state in 2010, meaning Craig can file based on irretrievable breakdown without proving fault. The case highlights how high-profile divorces involving reality TV personalities raise unique custody and privacy concerns under New York family law.
Key Facts
| What Happened | David Craig filed for divorce from Sai De Silva | | When | April 2, 2026 | | Where | New York (specific county not disclosed) | | Marriage Duration | 9 years | | Children | 2 minor children | | Key Statute | N.Y. Dom. Rel. Law § 170 (no-fault divorce) | | Practical Impact | Divorce proceedings may be featured on RHONY Season 16 currently filming |
Why This Matters Legally
This case demonstrates how New York's no-fault divorce statute operates when one spouse files without alleging marital misconduct. Under N.Y. Dom. Rel. Law § 170(7), either spouse can file for divorce by declaring under oath that the marriage has been irretrievably broken for at least six months, provided all economic issues (property division, spousal support, child support) and custody matters are resolved or addressed in the divorce action. The six-month requirement means Craig had to determine the marriage was broken no later than October 2025 to file in April 2026.
De Silva's April 4 Instagram statement focusing on her children's stability signals what New York courts prioritize: the best interests of minor children under N.Y. Dom. Rel. Law § 240. New York family courts apply a multi-factor test considering each parent's ability to provide stability, the children's relationships with each parent, any history of domestic violence, and each parent's willingness to facilitate the other parent's relationship with the children. Her public statement emphasizing stability and love positions her consistent with what courts look for in custody determinations.
The reality TV element adds complexity. New York courts can issue orders restricting what parents disclose about children on social media or television under their inherent authority to protect children's welfare. If filming RHONY Season 16 requires the children's participation or discussion of custody arrangements on camera, either parent can petition the court for protective orders limiting that exposure. Courts have broad discretion under N.Y. Dom. Rel. Law § 240(1) to impose conditions that serve the children's best interests.
How New York Law Handles This
New York requires resolving four main issues in every divorce involving children: grounds for divorce, equitable distribution of marital property, child custody and parenting time, and child support. The no-fault ground under N.Y. Dom. Rel. Law § 170(7) eliminates the need to prove adultery, abandonment, cruel treatment, or other fault-based grounds that existed before 2010. Craig simply needs to swear the marriage has been irretrievably broken for six months and address all ancillary issues.
For property division, New York follows equitable distribution, not community property. Under N.Y. Dom. Rel. Law § 236(B), courts divide marital property based on factors including each spouse's income and property, marriage duration (nine years here), each spouse's age and health, and the custodial parent's need for the marital residence. Marital property includes assets and income acquired during the marriage from the date of marriage until the divorce filing date (April 2, 2026). Any income De Silva earns from RHONY appearances during the marriage is marital property subject to division.
De Silva's RHONY salary presents unique valuation issues. Reality TV contracts often include appearance fees, bonuses for storyline participation, and backend compensation tied to ratings. Under N.Y. Dom. Rel. Law § 236(B)(1)(c), marital property includes the value of career assets and earning capacity developed during marriage. If De Silva's RHONY platform increased her ability to earn money through social media partnerships, brand deals, or her fashion business Scout the City, Craig may claim a portion of that enhanced earning capacity as marital property.
Child custody in New York focuses exclusively on the children's best interests under N.Y. Dom. Rel. Law § 240(1). Courts consider which parent has been the primary caretaker, each parent's work schedule and ability to provide day-to-day care, the quality of each parent's home environment, any history of domestic violence or substance abuse, and the children's preferences if old enough to express reasoned opinions (typically age 12 and older). The statute does not presume mothers or fathers are better custodial parents. New York eliminated the tender years doctrine (favoring mothers of young children) decades ago.
Child support follows New York's Child Support Standards Act under N.Y. Dom. Rel. Law § 240(1-b). The non-custodial parent pays a percentage of combined parental income: 17% for one child, 25% for two children, up to the current income cap of $163,000 (as of 2024). For parents earning above the cap, courts apply the same percentage or use discretion based on the children's needs and lifestyle during the marriage. If De Silva earns substantial RHONY income, both parents may pay child support proportional to their respective incomes.
Practical Takeaways
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Document your role as primary caretaker now. Keep records of who handles school drop-offs, doctor appointments, homework help, and extracurricular activities. New York courts heavily weigh which parent provided day-to-day care during the marriage when determining custody under N.Y. Dom. Rel. Law § 240.
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Consider children's privacy when posting on social media. If you have a public platform like De Silva, limit what you share about your divorce and your children's reactions. New York courts can restrict social media posts about children if they determine it harms the children's welfare. Judges view parents who protect children's privacy more favorably.
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Gather financial documentation for the entire marriage. New York's equitable distribution statute requires valuing all marital assets from the marriage date until the divorce filing date. Collect tax returns, bank statements, investment account statements, and documentation of any business interests or intellectual property developed during marriage.
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Understand that no-fault does not mean no negotiation. While Craig can file for divorce without proving fault, New York courts still require resolving property division, custody, and support. The six-month irretrievable breakdown requirement under N.Y. Dom. Rel. Law § 170(7) gives both parties time to negotiate settlements before finalizing the divorce.
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Address reality TV participation in your parenting plan. If either parent participates in reality television, your settlement agreement or court order should specify whether children can appear on camera, what topics involving children can be discussed on air, and whether either parent has veto power over children's participation. New York courts enforce specific provisions protecting children's privacy and welfare.
Frequently Asked Questions
Can Sai De Silva's reality TV income be divided in the divorce?
Yes. Under N.Y. Dom. Rel. Law § 236(B)(1)(c), income earned from employment or self-employment during the marriage constitutes marital property subject to equitable distribution. De Silva's RHONY salary, appearance fees, and any bonuses earned from the marriage date until April 2, 2026, are marital assets. Courts also consider whether the reality TV platform enhanced her earning capacity through increased social media following, brand partnerships, or business opportunities, which may be valued as marital property even if the income materializes after divorce.
Will the divorce proceedings be shown on RHONY Season 16?
Possibly, but either parent can petition the court for protective orders limiting what can be filmed or discussed on television. Under N.Y. Dom. Rel. Law § 240, New York courts have broad authority to impose conditions protecting children's welfare. If the court determines that filming divorce discussions or involving the children on camera harms their best interests, it can prohibit that content. Reality TV cast members often negotiate confidentiality provisions in settlement agreements restricting what they can discuss on air.
How long does a no-fault divorce take in New York?
Minimum six months from filing if uncontested, often 9-18 months if contested. N.Y. Dom. Rel. Law § 170(7) requires the marriage to have been irretrievably broken for at least six months before the court can grant the divorce. After filing, New York courts require resolving all economic and custody issues through settlement or trial. Uncontested divorces where parties agree on all terms can conclude in 6-9 months. Contested divorces involving custody disputes, complex property division, or valuation of business interests typically take 12-24 months.
Can New York courts restrict what De Silva posts about the divorce on social media?
Yes. New York family courts can issue orders restricting social media posts about the divorce or children if necessary to protect the children's welfare under N.Y. Dom. Rel. Law § 240(1). While adults have First Amendment rights to discuss their own lives, courts balance those rights against children's privacy interests. Orders typically prohibit posting identifiable photos of children, discussing custody disputes publicly, or making disparaging comments about the other parent on social media. Violating such orders can result in contempt findings affecting custody determinations.
What factors determine custody when both parents have demanding careers?
New York courts apply a multi-factor best interests test under N.Y. Dom. Rel. Law § 240(1) considering each parent's ability to provide day-to-day care, the stability of each home environment, each parent's work schedule flexibility, the quality of parent-child relationships, and each parent's willingness to facilitate the other parent's relationship with the children. A demanding career alone does not disqualify a parent from primary custody if they can demonstrate ability to provide consistent care through work schedule adjustments, reliable childcare, or family support. Courts focus on which arrangement best serves the children's need for stability, continuity, and meaningful relationships with both parents.
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Legal Disclaimer: 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.