Top FAQ's about a Westchester County Divorce

Top FAQ's about a Westchester County Divorce

As divorce attorneys in Westchester County, New York we take an informative approach to all of our divorce and family law clients. We always take the time to fully explain the Westchester County divorce process and various legal issues that will shape the outcome of our client's cases.

We explain the timeline of the divorce process, dispel myths, remain available at all times for emergencies, present options and offer opinions so our clients can make an informed decisions regarding what is best for their divorce or family court case.

Our main office is conveniently located in downtown White Plains, New York and we offer free inital consultations to help identify issues, options and how our office can help.

Below is a general list of frequently asked questions about a divorce in Westchester County:

1. Do you have to be separated before filing for a divorce? No, there is no separation requirement. In New York State a plaintiff must have grounds to obtain a divorce. Since no-fault divorce has been adopted in New York State the majority of divorces now use no-fault as the primary ground for divorce. Review our webpage for a comprehensive discussion of the New York State grounds for divorce.

2. Does it matter who files for divorce first? No, if a spouse is the plaintiff or defendant it has no bearing on the outcome of the divorce.

3. Does Westchester County have special rules regarding a divorce case? Yes, Westchester County has special procedural rules that every Westchester County divorce attorney must be familiar with. These procedural rules are drastically different than the rules in the Bronx, Orange, Putnam, Dutchess or any other county in New York State. Our attorneys know the special procedural rules and how to use those rules to our client's advantage.

4. How long does a Westchester County divorce take? It depends on the outstanding legal issues and the attitude of your spouse. Clearly, if your spouse is cooperative, the divorce will move quickly and you might even avoid going to court.

Our Westchester County divorce lawyers have no intention of over litigating your case. We do all the work that is necessary to aggressively protect your rights. Our goal is to obtain a favorable resolution to your case, achieve your goals and move your case along as quickly as possible. We always keep our client's informed about the process and the timeline to finish the case. We also always are available for general questions and after hour emergencies.

5. What are the major issues in a Westchester County divorce? There are three main issues that need to resolved:

  • Children (Custody, Support, Visitation and Child Support)
  • Division of marital debt
  • Division of marital assets

It is important to remember that each case is unique and these issues are usually complex, so having an experienced Westchester County divorce attorney on your side is essential.

6. Will I have to pay maintenance or can I receive maintenance (alimony)? This depends on the income difference between the husband and wife, their roles during the marriage and the duration of the marriage. There is also temporary maintenance, pursuant to a statutory formula, that can be awarded while the case is pending. Also, there is the potential for permanent maintenance to be awarded when the divorce case is over. Maintenance is case-fact specific and you must consult with a top Westchester County divorce lawyer to understand your rights and obligations.

7. Can I date before or during the divorce process? Yes, the Westchester County divorce courts and attorneys usually don't care if a person is dating or even in a serious relationship. It is only problematic if the relationship is detrimental to the children of the marriage.

8. When can I change back to my maiden name? The name change will be made part of the final judgment of divorce at the end of the case.

9. Should I keep my social media active? Yes and No, our attorneys do not required you shut off your social media but we do advise that anything you post has the potential to be used against you. Do not post anything you would not want a Judge to see.

Our attorneys do not want your posts to be damaging to your case as your spouse's attorney can collect your posts and statements made to all social media. Even posts that are deleted can be recovered and used against you. For more information about social media check out our Social Media Blog.

10. Can your law office take over my case from my current attorney? Yes, we can collect your paperwork and represent you at any stage of your case. You do not need to "fire" your old lawyer only provide us with their information to take over the case. Our office takes care of the entire transition.

The Westchester County Divorce

At the law office of Proto, Sachs & Brown, LLP our Westchester County divorce lawyers are experienced, aggressive and possess the resources to successfully represent you either at the negotiation table or in the courtroom.

We understand that right now it maybe a stressful and difficult time for you and your family but speaking with our top divorce lawyers will help put your mind at ease. It is important to speak with an attorney as soon as possible to protect your rights.

We offer a free consultation and we will take the time to discuss you case, your options and how we can help. Call (914) 946-4808 or send us an e-mail.