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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Riebling, Proto & Sachs, 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
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