Westchester Divorce Lawyers
For over a decade, Douglas Family Law Group, PLLC has been representing high net worth and complex divorces in Westchester County, New York.
Your Westchester Divorce Attorneys
Our team of Westchester Divorce attorneys have over a decade of experience fighting for what’s most important to our clients as they navigate their divorce and family law matters. Our founding attorney, Elizabeth A. Douglas, Esq. is passionate about helping our clients write their next chapter on their terms.
As Elizabeth is known to say, no one in their right mind gets married with the sole intent of then getting a divorce and having to divide their assets, determine custody of their children, and endure the emotional stress that often accompanies a divorce. Having an experienced Westchester Divorce Attorney in your corner will help you to find peace and clarity in this seemingly overwhelming time.
Whether you are the one initiating a divorce, have just been served with divorce papers from your spouse, or want to modify an existing agreement, we are here to help you.
Our Westchester divorce attorneys will be in your corner to provide you with sound legal advice and to advance your interests in and out of the court room. Their knowledge and experience helps make sure that you will always be informed every step of the way.
Benefits of Hiring a Westchester Divorce Attorney
Divorce involves many complex legal processes that can be hard to navigate if you do not have the experience that comes with specializing in divorce and family law. Fortunately, our attorneys regularly interact with the courts, opposing counsels, analyze clients’ financial information to determine what is fair in a settlement, and work with forensic experts to ensure all information provided to the Courts is fair and objective.
While it may be tempting to view your divorce as “simple”, it is important to note that there is no such thing as a simple divorce. It does not matter how close or how friendly you are with your spouse. In divorce, when you are dealing with the complexities of dividing marital assets and creating parenting agreements, you will want to have a seasoned expert making sure that your ultimate settlement is in your best interests.
Hiring an inexperienced attorney, an attorney who does not specialize in divorce and family law, or attempting to do your own divorce using Google and other internet resources significantly increases your chance of missing deadlines, winding up with an unfair settlement, or even leaving out mandatory information in your settlement negotiations and production of discovery. These mistakes can have negative consequences that extend long after your ultimate settlement or Court order.
Grounds for Divorce in Westchester County, New York
New York requires that a couple meets a few requirements in order to be eligible for a divorce.
Residency Requirement: Only spouses that meet the residency requirement in New York are eligible to file for a divorce in Westchester County, NY. The requirements, according to New York are:
- Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and
- You got married in New York State, or
- You lived in New York State as a married couple, or
- The grounds for your divorce happened in New York State.
- Both you and your spouse are residents of New York State on the day when the divorce action is commenced and the grounds for your divorce happened in New York State.
While there are many grounds for a divorce, the one most commonly used is “irretrievable breakdown in a relationship for a period of at least 6 months”. As the rule implies, this means that the spouses agree that the marriage is no longer working for both parties, and has been broken-down for a period of at least 6 months.
There are several other qualifying grounds for divorce, such as imprisonment, abandonment, cruel and inhuman treatment, and adultery. During your consultation, our Westchester divorce attorneys will review your specific details and determine if you qualify for a divorce in New York State, and on what grounds.
The Difference Between an Uncontested Divorce and a Contested Divorce
Many people who come to us are often confused by the difference between an uncontested divorce and a contested divorce. While the differences between these two types of divorce are extensive, we have outlined a few key points to consider as you think about your divorce.
1. Court Appearances:
- In a contested divorce, you will often have more Court appearances in front of the judge. These appearances will be necessary as you and your spouse will need Court intervention to settle disputes over unresolved aspects of your settlement agreement.
- In an uncontested divorce, you may be able to resolve your entire divorce and sign your settlement without ever having to go to a Court appearance.
2. Length of Time in Divorce Proceedings:
- In a contested divorce, you may eventually wind up at a trial. These are very time consuming and due to the Court’s busy calendar, can be scheduled far in advance, sometimes even into subsequent years.
- An uncontested divorce, however, can be resolved entirely outside of the Court, or with minimal court appearances, and as a result tend to be quicker than a contested divorce. That being said, the length of time can be seriously drawn out if the opposing party or opposing counsel is hard to get a hold of, or is reluctant to work with you and your attorney.
3. Cost of Legal Fees:
- In a contested divorce, legal fees are substantially higher, as your attorney will be at multiple Court appearances and may even have to prepare for a trial. Additionally, the lack of negotiation between spouses often requires attorneys to be more proactive in communicating with the opposing party, which will subsequently raise your legal bill.
- In an uncontested divorce, your legal fees will be substantially lower than a contested divorce, as you will likely have less Court appearances and less back-and-forth with your spouse and their attorney.
At the core of the distinction between an uncontested divorce and a contested divorce is how willing you and your spouse are to compromise on the terms of your divorce. If there are certain points of contention regarding your divorce settlement that can not be agreed upon, your attorneys will have no choice but to petition the Court for their intervention. When this is the case, your divorce will become contested.
We're Here For You
If you have found yourself considering or facing a divorce, know that you are not alone. Our team of dedicated Westchester divorce attorneys are standing ready to help you navigate this often overwhelming time. At Douglas Family Law Group, PLLC, we fight for what’s most important to you during divorce and family law matters. Call us today at (914) 615 9058 to get scheduled with your initial consultation, or submit our web-form here. We look forward to helping you as you write your next chapter.
