Westchester County Family Law Attorney

Providing Skilled Representation For Divorce & Related Family Law Proceedings in White Plains, New York

At the law firm of Proto, Sachs & Brown, LLP, our family law lawyers have a reputation for success throughout Westchester County and the surrounding areas. Whatever divorce matter you face, we aim to ensure that your specific needs and goals are met at all times.

When Should You Hire a Divorce Attorney?

There are several instances where it would be beneficial for you to hire a divorce attorney. Some circumstances where you should consider hiring a lawyer include:

• If your spouse has hired a divorce attorney.
• If there is a history of abuse in your marriage.
• If there is an imbalance of power between you and your spouse.

Hiring a divorce lawyer can ensure that you are prepared for court and can help you to fight for the best possible outcome.

The experienced family lawyers at our law offices in White Plains always strive to minimize the negative impact that a divorce case has on the lives of our clients. We are known for our caring and compassionate approach in every case, and we are always mindful of the fact that legal issues involving a family can have an enormous emotional toll on everyone involved.

Why Choose Our Divorce Lawyers in White Plains?

• Bring several decades of combined experience
• Have been included in New York Super Lawyers® (Top 5% of Attorneys)
• Work closely with each family law and divorce client
• Develop aggressive, strong, and effective legal strategies

Family Court Lawyers in Westchester County

Our divorce court attorneys regularly appear in all Westchester County Family Courts, including White Plains, New Rochelle, and Yonkers. In every case, we apply our extraordinary and skilled advocacy to each and every legal matter. This advocacy means our divorce litigation attorneys consistently achieve outstanding and noteworthy results for our clients, which is repeatedly recognized in the legal community.

We offer legal services in all divorce court matters, including:

• Alimony
• Child neglect, abuse, and maltreatment
• Child custody & visitation
• Child support
• Contested & uncontested divorce
• CPS fair hearing
• Domestic violence
• Equitable distribution
• High net worth divorce
• No-fault divorce
• Pendente Lite motions
• Prenuptial & postnuptial agreements
• Residency requirements
• Modification of child support
• Domestic violence and family offense petitions

We can help you successfully move forward, whether you are seeking to resolve your divorce matters without going to court or if you are forced to go to court due to the unreasonable demands of the other spouse. Our Westchester County family lawyers will work closely with you to thoroughly explain the divorce process and strategize, giving you the strongest possible position for a desired settlement or trial outcome. 

If you need legal representation for a family matter in Westchester County, reach out to our team in White Plains, New York for the assistance you deserve.

What are the Grounds for Divorce in New York?

New York recognizes both fault and no-fault divorces. Since 2010, New York State has permitted spouses to file for divorce based on irreconcilable differences alone. Many refer to this as a "no-fault" divorce, meaning that no specific event has led to your decision to leave your spouse, but rather a broken-down relationship that can’t be repaired. You may, however, still file for divorce and cite faults. By doing so and backing up your claims with a professional Westchester County divorce lawyer, you may stand to win more assets during the divorce.

A no-fault divorce allows for a divorce when a marriage is irretrievably broken for a period of at least six months, provided that one party has stated so under oath. Before the courts will allow a no-fault divorce, all ancillary issues regarding the marriage must be resolved. Ancillary issues include the following:

• Equitable distribution of marital property
• The payment or waiver of spousal support
• The payment of child support
• The payment of counsel and expert fees
• Custody and visitation of the children of the marriage.

When filing for a fault divorce, you have to allege that there are grounds for your divorce, such as:

• Cruel and inhuman treatment
• Adultery
• Abandonment
• Infidelity
• Prison sentence
• Living separate and apart for at least one year

What Kind of Divorce is Right for Me?

Few decisions are more difficult and stressful than the one to dissolve your marriage. Before you dive headfirst into your decision to file for a divorce in New York, take a moment to review your legal options, understand the procedure from start to finish, and figure out which kind of divorce is actually right for you and your individual needs.

It is important to consider factors such as financial stability, the presence of children, and your long-term goals. Consulting with a divorce attorney in Westchester County can help clarify these aspects, ensuring that the path you choose aligns with your personal circumstances. Many individuals find that speaking to a legal professional early on in the process helps illuminate options that they may not have been aware of, providing guidance tailored to their specific family situation.

What is a Contested Vs. Uncontested Divorce?

One of the earliest steps in the divorce process is determining whether your divorce is contested or uncontested. A divorce that is uncontested will involve both spouses easily coming to an agreement about the division of their estate and responsibilities; generally, a Westchester County divorce attorney will be necessary to draft the divorce paperwork, but court appearances are rare. Contested divorces are quite the opposite – one or both parties cannot come to an agreement about any number of important aspects of their divorce, such as custody agreements or debt distribution. If your divorce is contested, you might be in for a battle with your spouse if you do not prepare your case with a professional Westchester County divorce lawyer.

What is the Difference Between Collaborative Divorce and Mediation?

If you want to ensure that your divorce does not go to court – thus, avoiding possible high court costs – you, your spouse, and both of your attorneys can sign a "no court" agreement and go through what is known as a collaborative divorce. This form of divorce works explicitly with the intent to form agreements through informal meetings and flexible decisions. Mediation is similar yet altogether different, as your mediator – most likely one neutral attorney – doesn’t have any real power in the divorce; they are simply there to help you get through it peacefully and quickly.

Both methods offer unique benefits and challenges. Collaborative divorce allows for a more private and personalized process where both parties have a say in the outcome. Mediation focuses on facilitating communication between spouses, helping them reach a middle ground without taking sides. Each path can preserve a more amicable relationship, which is particularly beneficial when children are involved, ensuring that both parties leave the process with respect and understanding.

What is Separation in Westchester County?

New York State law also allows either spouse to file an Action for Separation.

The Grounds for Separation include:

• The cruel and inhuman treatment;
• Abandonment;
• Failure to provide support to the other spouse;
• An act of adultery; and
• Confinement of one spouse to prison for a period of three or more consecutive years after the marriage.

Seeking a separation can be a strategic step for individuals who need time to resolve legal issues without terminating the marriage entirely. This path can be crucial for addressing emotional and financial matters incrementally, offering a period for reflection and potentially reconciling before making a permanent decision. Separation agreements establish clear terms on financial responsibilities, living arrangements, and parenting plans, which can later be incorporated into a divorce settlement if reconciliation does not occur.

What is an Annulment and Its Implications in Westchester County?

In New York, a marriage can be treated as if it never existed by filing for an annulment. The grounds for an annulment are quite specific, however, and include:

• Underage spouse at the time of marriage
• Spouse incapable of sexual intimacy
• Consent to marriage by force or fraud
• Incapability of consent to marriage

There is no time limit for obtaining an annulment in New York. For example, if your spouse lied about their age at the time of marriage and were a minor, you could file for an annulment regardless of when you found out.

Annulments offer a legal way to nullify a marriage under specific conditions, distinguishing it from a divorce. Unlike divorce, which terminates a legally valid marriage, an annulment implies that the marriage was never valid from the start. Understanding these distinctions can be critical in situations where religious, financial, or personal reasons necessitate the erasure of the marriage record.

Get A Free Initial Consultation For Your Divorce Case in New York

Whether you are concerned about any of the following situations, our attorneys are well-equipped to represent you:

• Getting a divorce
• Protecting your parental rights in a custody matter
• Safeguarding your financial interests in child support or spousal support matters

We understand that each of our clients has different needs. Our Westchester County divorce lawyers always strive to develop an individually tailored, cost-effective, and personalized legal solution that effectively and efficiently resolves the legal concerns of our clients, minimizing disruption to their lives. Our lawyers are also always available to answer your questions.

A Divorce Client Review

"I hired the firm to help me with my custody and divorce matters. The lawyers at this firm are extremely knowledgeable and explained complicated legal matters to me in a way that was easy for me to understand. They are really responsive when you need to talk to them; they stay in touch via email and phone calls regularly. My cases were very stressful and upsetting, but everyone at the firm always made me feel at ease and confident that I would get what I deserved. Now that my cases are over, I am happy to say that I feel I was represented really well, and I have custody and a divorce settlement that I am comfortable with. I highly recommend this firm for any legal matter you may have."