Is your potential divorce case or divorce case in Westchester County?
The Supreme Court in Westchester County, New York has different
procedures and policies regarding all matrimonial cases. As a divorce lawyer it is important to
know and understand the local rules and customs unique to Westchester County.
This divorce blog will review the basis about preparing and navigating
a divorce case in Westchester County. If you have any follow up questions
divorce lawyers at the law firm of
Riebling, Proto & Sachs, LLP. Our offices are located in White Plains and Peeskill. We are always available for a
free initial divorce consultation.
Our divorce lawyers believe in getting results and aggressively representing
our clients to protect their rights and achieve their goals. Understanding
the process and open communication is a hallmark of our representation.
We are proud to be locally and nationally recognized divorce lawyers.
How does a divorce case end up in the Westchester County Supreme Court?
Where a divorce case is filed depends on the
residency of the parties. Usually both spouses live in Westchester County but at least one spouse
must reside in Westchester County to file a divorce action in Westchester County.
As you may expect the top divorce lawyers may use different strategic reasons
to file a divorce action in Westchester County or another County.
Westchester County Court has their own rules and procedures:
discovery phase of a divorce case the litigants and attorneys meet with Court Attorney
Referees (CAR). A CAR is hired by the court system to keep track of various
items of discovery and alleviate the workload of the judges. In Westchester
County you may never see a judge during the discovery phase unless there
is a problem that can not be resolved by the CAR.
In Westchester County there are four CAR and a case is randomly assigned
to the CAR. The attorneys find out who is assigned when the court e-mails
a Preliminary Conference notice.
After the discovery phase is completed the divorce case is sent to a Judge
for a pre-trial conference and a trial.
Don't file a Motion unless there is an emergency:
In Westchester County attorneys can not file a motion unless there is an
emergency. In other Counties motion practice is regular and motions are
commonly made for various reasons such as
pendente lite issues.
In Westchester County an attorney needs to attempt to resolve the issues
to be raised in a motion with counsel prior to requesting a pre-motion
conference with the assigned CAR. At the pre-motion conference if the
issues can not be resolved the CAR will issue a "Rule E" sheet
granting permission for the attorney to file a motion to be heard before
a judge. The CAR will do everything possible to avoid motions as they
are time consuming and place a burden on the judges.
It is common to see an attorney who is not familiar with the Westchester
County local divorce rules to file motions that never make it before a
judge or are just outright denied because they do not follow the local
To determine if your motion is an emergency contact our law office to discuss
the issues and likelihood of success of an emergency motion. If there
is no emergency we will immediately request a pre-motion conference.
The courthouse is very uncomfortable
The Westchester County Matrimonial Part is located on the 10th floor of the Westchester County Courthouse, located at 111 Dr. Martin
Luther King Jr. Blvd. in White Plains.
The floor is generally crowded and there is limited seating. It is not
uncommon to see litigants and attorneys leaning on the walls near the
elevators trying to find a quiet place to speak. Your spouse will also
be on the floor adding to a certain level of discomfort.
There is one very small conference room located near the bathrooms but
that is almost always occupied.
When arriving on the 10th floor all attorneys and litigants must check in with the court officer's
table if the matter is before a Judge or with the clerk, down the hall
near the bathrooms, if the matter is before a CAR.
Arrive on time. Generally your case will be called at the scheduled time
but that is never a guarantee. If your matter is scheduled for the morning
plan on being in court the entire morning. The afternoon usually move
quicker. Court hours are 9:30 am until 12:30 pm and 2:00 pm until 4:30 pm.
At Riebling, Proto & Sachs, LLP we always speak with our client's
before court so they have a very good understanding about what will happen
when in court and what to expect. We want to avoid surprises and avoid
speaking about your private case in a very public area.
When meeting with a CAR the attorneys and litigants are escorted to the
rear offices and sit at a table to review the outstanding issues. All
the judges sit in the courtrooms.
The divorce process can move quickly in Westchester County
Unless you and your spouse are highly litigious or your attorneys bombard
each other with volumes of paperwork and demands, your divorce case will
follow a path towards a quick resolution. The court keeps track of how
long every case has been pending and encourages a quick resolution.
Even when seeking a trial date in Westchester County it will usually be
set in a matter of months depending on other matters already pending.
When you meet with your attorney you should have a clear understanding
of the process and the time frame of your divorce action. At our law office
we always keep our client's informed regarding the status of the case
and how long it will take to conclude the matter.
Riebling, Proto & Sachs, LLP.
divorce lawyers at Riebling, Proto & Sachs, LLP have offices in White Plains, New
York. We know and understand all the local rules regarding a Westchester
At our law firm we offer quality representation during difficult times.
We know that you can feel frustrated and overwhelmed and that is why we
dedicate time and guide you through the process so you can feel secure
and at ease.
If you are considering a divorce or in the middle of a divorce call us
for a free consultation.
Call Today! (914) 946-4808