Family Lawyer in White Plains
Handling Complex Family Law Legal Issues In Westchester County
When facing a divorce or any other family law matter in Westchester County, you can rely on the Law Offices of David Bliven to protect your interests, rights, and property, even in the most difficult of cases.
Even marriages that seem perfect at the start can turn sour as people or situations change. When they do, a divorce may be the best way for both you and your spouse to move on with your lives. But untangling those lives can be complicated, even with the best intentions.
No two divorces in Westchester County are the same, but some are certainly more complex and difficult than others. All divorces need to be treated seriously. However, without the care and attention of a skilled lawyer, you run the risk of being deprived of something vital: your wealth, income, or even your parental rights over your children.
In Westchester County, New York, family law attorney David Bliven works particularly with high-net-worth individuals and others struggling with complex or weighty divorce cases. With his help, you will be able to fight for and secure your rights and a fair outcome, whether through careful negotiation or aggressive action in court.
What are the Legal Benefits of Hiring a Westchester County Family Law Attorney?
If you have suddenly found yourself dealing with family law matters, you may be unsure where you can turn to for help. New York State family law can pose significant legal complications that can have lasting implications for all parties involved.
The most effective way to handle any family law issue is to hire an attorney who will act as your legal advocate. A New York attorney is well-versed in the nuances of contentious issues, including divorce, legal separation, spousal support, and child custody. Regardless of the nature of your legal matters, your attorney can help you understand your legal rights and identify the options that will yield the best results.
One of the most significant advantages of hiring a family law attorney is their ability to guide you through the New York judicial system. Simple mistakes can easily result in cases being delayed, costing you precious time and money. Your family law attorney will also provide objective advice, especially in matters of child custody or support.
Regardless of what your legal issues may be, your attorney will negotiate with the opposing counsel to secure favorable outcomes for your case. Family law attorneys are skilled negotiators who will protect your legal and financial interests so that you can confidently face the future.
Why Are Some Divorces More Complicated Than Others?
Consider two couples in Westchester County, and think about whose divorce will be more straightforward. The first couple is young and only recently married; they share a small apartment, still paying off the mortgage, with their two young children. The second is a wealthy couple whose kids are already off in college or have jobs of their own, though they have loaned the eldest their condo in Queens since they already have a house upstate and one in a White Plains suburb.
So, which is more complex? Unfortunately, there is no correct answer. Both have factors that can significantly complicate and prolong the divorce process, such as multiple properties, considerable debts, small children, and more. Either could also become more difficult if there is animosity in the couple.
What makes for truly complex divorces, however, is the accumulation and combination of these complicating factors. Especially since each case is unique, both in terms of the elements at stake in the divorce and the couple’s personal history that brought them to this point. Therefore, whether you realize it or not, it is vital to contact a skilled family law lawyer with substantial divorce experience to handle your case before you end up ignoring some complications and suffering the consequences.
What Are The Most Common Divorce Complications In White Plains Family Law Cases?
The examples above hint at some of the most common areas of contention in Westchester divorces, but it is essential to break them down and consider approaches that can help resolve them with the assistance of a skilled family law attorney. Throughout his decades of experience, Westchester County divorce lawyer David Bliven has seen and dealt with all of the following:
Significant Debts And Assets
Every couple will have to deal with financial matters and property division during divorce. There is no escaping the division of assets, but some in Westchester will have a lot more to worry about than others. Figuring out whether to divide the value of a family home by selling it, having one family member buy out another, or coming to some additional arrangement is tough; doing it across multiple properties can be even more so.
Assets like real estate are not the only things that need to be divided; debts taken on during the marriage often belong to both partners and need to be split or otherwise divided accordingly. The most experienced New York family law and divorce lawyers, however, know how to turn these complications into advantages. After all, the more assets there are involved, the more leverage you have to negotiate for the outcome you want on these, or any other complex divorce questions.
Minor Children
Emotionally, one of the most challenging topics in divorce is often your children. Gone are the days when courts consistently favored one parent over another in custody disputes. Now, they encourage parents to remain involved in their children’s lives. That means that, in addition to fighting over primary legal and physical custody (or coming to terms on joint custody), you will almost certainly also have to organize visitation agreements and all the grueling scheduling details and conditions that accompany them.
The critical thing to remember here is that the courts will always prioritize the child’s best interests and well-being first, though a skilled lawyer will know how to advocate for your rights and perspective with that in mind.
Contested Divorce
While it is rarely easy to agree on the questions above and all the other details of a divorce, doing so allows you to get an uncontested Divorce. This procedure is less expensive and far faster than going to court, and many Westchester County families will be able to do so, especially with the assistance of a skilled family law attorney. Those who do not face the prospect of a drawn-out and extremely costly contested divorce in a New York court.
There are ways to avoid a contested divorce, even when you and your spouse seem unable to agree on anything. Pursuing mediation — or utilizing tools such as a 4-way settlement conference — with the guidance of a trustworthy family law attorney could make the difference between a burdensome contested divorce and a far more straightforward uncontested one.
What do Westchester County Courts Take Into Consideration When Determining How to Divide Marital Assets?
The Westchester County Supreme Court follows an “equitable distribution” doctrine when dividing marital assets. Even so, equitable distribution does not mean that assets are divided 50/50. Instead, the court will weigh several factors to assess what is “fair” and determine how marital property should be divided.
Key factors the court evaluates when dividing marital property include:
- Duration of the marriage
- Financial and non-financial contributions of both spouses. Financial contributions include income and assets, with non-financial contributions including childcare and homemaking responsibilities
- The physical and mental health of each spouse
- Any potential loss of benefits each spouse may incur, including health insurance, pension, and any potential inheritance
- Each spouse’s current earning capacity and ability to earn future income after the divorce is finalized
If the couple has children, the court will also consider any existing custody arrangements when determining property division.
Although most property and assets brought into the marriage by each spouse are generally considered separate property, this is not always the case. In some instances, prenuptial agreements or post-nuptial agreements dictate that spouses may be entitled to specific property as outlined in the agreements. Further, some assets which would have otherwise been deemed “separate property” are commingled with marital assets & thus arguably lose their “character” as separate property.
To help secure the fair outcome you deserve, you must hire a family law attorney who has significant experience with matrimonial law and how the courts determine equitable division. The Law Offices of David Bliven has experience representing clients with high-value assets and knows what it takes to achieve a successful outcome.
What happens if Spouses Cannot agree on Child Custody and Support Issues During a Divorce?
When two spouses cannot agree on essential issues, such as child support or child custody, they must go to court, and the Judge will resolve the matter for them. The court will encourage the spouses to participate in alternative dispute resolution (ADR) to work out their differences.
Mediation
During mediation, the couple will meet with an impartial mediator who will help facilitate a discussion to reach an agreement on child support and child custody. If the couple can reach an agreement, then the plan will be submitted to the judge for approval.
Uncontested Divorce Negotiation
The other common process to reach an uncontested settlement is where each party retains his/her own divorce attorney, and the attorneys use a variety of methods to reach an out-of-court settlement. For example, the attorneys can speak on the phone or via Zoom, discuss the terms of a settlement, and then take that back to their respective clients. This may then result in a settlement, or one or more rounds of counter-proposals.
Another method is to trade “settlement proposal letters” – correspondence setting forth each side’s basic terms of settlement – as well as any subsequent counter-proposals.
Yet another method is a “4-way conference,” in which both attorneys & their respective clients get together in one of the attorney’s conference rooms for a free-ranging discussion on the basic terms of settlement.
Judicial Intervention
If the spouses cannot reach an agreement through mediation, then the case will need judicial intervention to be resolved. The court will weigh specific factors to determine what is in the child’s best interests.
Factors the court considers when determining child custody include each parent’s relationship with the child, their financial status, and willingness to participate in their child’s life. The court will also investigate to determine whether either parent has a history of substance abuse, domestic violence, or child abuse, to name a few.
Due to the long-lasting consequences of child custody and support issues, you must hire an attorney to represent you in these challenging family law issues. Our family law firm understands that navigating child custody, support, or visitation issues can be daunting. If you are unsure where to turn to for help, contact our law firm today so we can evaluate your case.
Can a White Plains Family Law Attorney Help With Existing Child Support Orders?
Our law firm has in-depth experience helping clients manage existing child support orders. New York has strict laws regarding modifications, which can be challenging to manage. Nevertheless, depending on the circumstances, a family law attorney can review your situation and identify potential legal strategies that can yield the best results.
For example, if you have experienced a significant change in income or it has been three years since the order was last modified, you may be able to seek a modification. To qualify, your income must have changed by at least 15% or more since your previous child support order. If you are in arrears, an attorney can also help navigate the legal issues related to settling your outstanding balance.
Conversely, if you are a parent who is owed support payments, you must secure qualified legal counsel who can begin the legal process of trying to recover the money that the other parent owes you.
Our law firm is dedicated to delivering favorable outcomes for parents and children, regardless of which side of the issue they may fall on. If you have questions or concerns about child support payments, our family law attorney will be happy to meet with you to address your concerns.
To Get Through A Complex Westchester Divorce, Call Us Today
There are far too many men and women out there, in Westchester County and beyond, nursing a grudge in the aftermath of a divorce that went poorly for them. You do not want to be one of them. Instead, you can get ahead of even the most challenging topics and decisions by contacting an experienced divorce attorney near you.
In Westchester County and throughout New York, David Bliven has handled numerous high-net-worth and high-complexity divorces. Let his experience and guidance provide a path for you, and the foundation for a happier, more secure, and balanced future. Our family law practice is dedicated to helping you achieve the results you need to face the future with confidence.
To schedule a consultation to discuss your situation and needs, please call 917-938-7827 or contact our team online. Together, we will make sure you, your children, and your interests are protected.