Let’s face it – divorces are nasty. When getting divorced you need a lawyer that can see through the anger and focus on getting the best result possible for you and your children.

HOW MUCH IS THIS GOING TO COST?

Getting divorced in New York State is expensive. New York City and Westchester County has some of the wealthiest residents of the country. There are a lot of assets to be divided and a lot of economic and custodial issues that have to be worked out. Our firm gives top rate service to our clients in Scarsdale, Mamaroneck, Bedford, Harrison, Eastchester, and all of the towns and villages of Westchester County. The money you spend now in adequate attorney representation will pay dividends for the rest of your life.

WHAT IS AT STAKE?

New York is unique because it is the only state in the nation that requires a finding of fault to secure a divorce. There are only 7 limited grounds upon which you can claim to start a divorce action. You need a lawyer who understands the various grounds and knows how to assert them. So the first issue at stake is to make sure your divorce petition does not get dismissed. If you are a defendant in a divorce the allegations of fault levied against you may affect the equitable distribution of the marital property. So you need an attorney adept at defending against a frivolous claim of fault.

WHAT ABOUT MY ASSETS?

Once a divorce action gets commenced anywhere in the state, including Putnam County, Rockland County, Dutchess County, Nassau County, or Suffolk County, there are complex financial disclosure forms that must be accurately completed. The initial financial disclosure form is found here: http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml. You need a competent law firm to represent you through these very difficult filings.

WHAT PROPERTY MUST BE DIVIDED?

Marital property gets “equitably distributed.” Not all property is marital property and “equitable distribution does not mean 50/50 split. When assets get distributed you need an attorney who knows the difference between marital property and non-marital property and how to advocate for the best possible equitable distribution. Unlike all other states New York is unique in that it recognizes professional licenses and advanced degrees earned during the marriage as marital property. See, O’Brien v. O’Brien, 66 N.Y. 2d 576 (1985). This means that if you or your soon-to-be spouse obtained such a degree during the marriage the spouse who did not obtain the degree will likely be entitled to a share of the increased earning potential even AFTER the divorce.

WHAT ABOUT THE KIDS?

The language of the provisions of a New York State divorce decree regarding custody of the children is of paramount importance. There is a huge legal difference between joint custody and exclusive custody. In the landmark case of , 12 N.Y.3d 309 (April 30, 2009) the New York State court of appeals determined that if one parent has exclusive custody of a child the other non-custodial parent is divested of decision-making authority Fuentes v. Bd. of Educ. of City of New York regarding all aspects of the child’s upbringing. This means that the non-custodial parent can no longer make decisions such as schooling, education, values, morals, religion, and medical treatment and care. You need New York lawyers who understand New York divorce law and tailor the custody agreement to accurately reflect the agreement of the parties and to minimize the potential of the children being treated as pawns.

SHOULD I CONSIDER MEDIATION?

No. In mediation you are sitting in front of and paying an attorney who represents neither spouse and, if he is successful in brokering a deal then he tells you both to go seek another lawyer (either jointly or separately) to put the principals and agreement into action. However, if you and your spouse are on speaking terms, It is better to seek counsel who will not only assist in brokering a deal but do an uncontested divorce.

WHAT SHOULD I DO NOW?

Call us today. Our lawyers and attorneys are standing by to assist you in your divorce. We can represent you if you live anywhere in New York State, including, including Staten Island, Manhattan, Bronx, Queens, Brooklyn, Kings County, New York County, New York City, Richmond County, Rockland County, Westchester County, Putnam County, Nassau County, Dutchess County, and Suffolk County. Our office is conveniently in Mamaroneck at 1600 Harrison Avenue, New York. This is convenient to North Castle, Tuckahoe, Pelham, Scarsdale, Bronxville, North Salem, Mamaroneck Town, Greenburgh, Ossining, Eastchester, Mount Pleasant, Mamaroneck Village, Mount Kisco, Port Chester, Tarrytown Dobbs Ferry, Rye, Rye City, Armonk, Yorktown, Rye Brook, New Castle, New Rochelle, Bedford, Sleepy Hollow, Dobbs Ferry, Larchmont, and Courtlandt.