Best Divorce Lawyers in White Plains, NY

FAQs

• What is the non-emergency contact number for the local police station in White Plains, New York?

  Call 914-422-6111 for a non-emergency response from the White Plains police.

• Where can I get a copy of police reports for incidents related to my case in White Plains, New York?

  You can obtain incident reports online at www.whiteplainspublicsafety.com/report-requests/. You may also visit the Data Management Unit Office at the police station at 77 South Lexington Avenue in White Plains from Mondays to Fridays, 9:00 AM to 4:00 PM. Call the police station at 914-422-6111 for more information.

• In which court are divorce cases in White Plains heard?

  Divorce cases in White Plains are heard at the Supreme & County Court of Westchester County. The court is located at 111 Dr. Martin Luther King Jr. Blvd in White Plains. The Civil Department is on the 9th floor and can be reached at 914-824-5300. Take note that in New York, divorce cases are handled by the supreme court, while the family court handles custody, support, and visitation matters.

• Can you get a divorce in White Plains if you were married in another state?

  It depends. To be able to get a divorce in White Plains, you or your spouse must have been living in New York continuously for more than two years if you got married in another state. If you got married in New York and have been living together continuously in the state for a year, you can already file for divorce in the state.

• What are the disadvantages of bringing a White Plains divorce case to court?

  Couples planning to take their White Plains divorce cases to court should keep in mind that judges do not know the couple and their family and may make a decision based on a limited amount of information. Such decisions given during the final hearing might not be beneficial for the future of a spouse and the children. By resolving marital settlement issues out of court, couples and their children might have more control over their destinies.

• How will a high-net-worth spouse be affected during property division in a divorce in White Plains?

  During a divorce in White Plains, the court's decision regarding equitable distribution rules may or may not favor a spouse with a high net worth, depending on the circumstances. Judges usually aim for a fair but not necessarily equal distribution of marital property. They consider factors such as each spouse's income during the marriage and divorce, tax consequences, and whether a spouse has contributions to the marital property.

• What can you do if a settlement agreement for divorce in White Plains is not followed?

  File a motion or orders to show cause if the other party does not follow the divorce settlement agreement in White Plains. Both parties are allowed to settle the motion or orders to show cause, but if they cannot agree on a settlement, the judge will have to make a decision. There are cases where the judge will decide right away or provide a decision within 60 days.

• What are the basic steps to filing for divorce?

  The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:

  • File the divorce petition
  • Hire a process server to give the other party divorce papers/respond to the original petitioner's filing
  • Request temporary orders covering issues such as custody/visitation, support, and exclusive property use
  • Make financial disclosures
  • Request discovery from your spouse
  • Propose and/or consider a possible settlement
  • Go to trial if necessary
  • Receive a signed judgment from the court indicating the divorce is final
  • Address post-divorce tasks such as transferring property titles and closing joint bank accounts

• How much does it cost to get a divorce?

  The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

• How much does a divorce lawyer cost?

  Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

• How to choose a divorce lawyer/what to look for?

  Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.

  • Know your budget
  • Limit your search to lawyers experienced in family law
  • Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case
  • Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same
  • Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate
  • Try to ignore ad campaigns and office décor and instead consider track record and skills

• What is an uncontested divorce?

  An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

• Can you file for divorce without a lawyer?

  It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

• How long does it take to get a divorce?

  The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

• How to prepare for divorce?

  It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:

  • Interview attorneys
  • Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns
  • Take inventory of valuable household items that should be considered later while splitting assets
  • Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance
  • Know what the respondent's income is, including any income from self-employment, stock dividends, and interest
  • Double-check credit history and evaluate both short- and long-term earning potential
  • Set goals for ideal custody arrangement, support amounts, and living arrangements
  • Get support from friends and family

• What to do with an engagement ring after divorce?

  Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

• What is divorce mediation?

  When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.