White Plains Divorce Lawyer
Guiding White Plains Families Through Complex Divorce Matters
Divorce and family law matters are something that many of us will have to overcome. Contentious issues such as child custody, child support orders, spousal support, and cases involving domestic violence can be challenging to navigate and require the help of a skilled divorce lawyer.
The Law Offices of David Bliven is dedicated to supporting you throughout the divorce process. When you come to us for help, we will assist you in resolving your family law issues, enabling you to start the next chapter of your life. Contact our Westchester County law office today to schedule an initial consultation, allowing us to assess your legal needs professionally and effectively.
How Long Does it Take to Get a Divorce?
One of the most commonly asked questions is how long a divorce will take to complete. In Westchester County, several factors will influence the duration of a divorce. If you and your spouse can agree on all of the key issues, such as child custody, child support, and division of marital assets, then you can file for an uncontested divorce. An uncontested divorce typically takes a few months to complete.
If you and your spouse cannot come to a mutual decision regarding your finances or issues related to your children, then you will need to pursue a contested divorce. A contested divorce can take significantly longer to resolve, as it typically requires court proceedings, mediation, and negotiations between attorneys. Other factors that can affect the length of time a contested divorce takes include the court backlog and the level of cooperation between the divorcing spouses.
Suppose you are facing the possibility of a divorce. In that case, the best option is to seek legal help from a family law attorney who will professionally assess your case and determine the strategies that deliver the best results.
What are the Legal Requirements to Get a Divorce in White Plains?
To file for a divorce in Westchester County, you must meet New York State residency requirements, which include:
- One spouse must have resided in New York for at least two years before filing for divorce
- One spouse must have resided in New York for at least one year before beginning the divorce process (+ either the marriage occurred in New York or the “grounds” occurred in New York)
- A spouse must have legal grounds for a divorce. The most common legal grounds for a divorce is an irretrievable breakdown of the marriage for at least six months (a/k/a “no fault”). Grounds also include cruel and inhuman treatment, adultery, or abandonment.
Although there is no mandatory waiting period to seek a divorce in Westchester County, to file for a no-fault divorce, you must attest that your relationship has been irretrievably broken for at least six months. If you are unsure about the residency and other legal requirements necessary to file for divorce, please contact our law firm so we can schedule an appointment and address your questions.
How is Child Support Calculated in Westchester County?
Child support in Westchester County is calculated per New York state guidelines outlined in the Child Support Standards Act (CSSA). The CSSA uses a mathematical formula that takes into account both parents’ income and the number of children they share.
There are three factors that the mathematical formula uses to pinpoint the basic child support obligation. The first step is to determine the parents’ combined income, including wages, self-employment earnings, and bonuses, while also subtracting taxes and Social Security and Medicare obligations.
After the parental income is identified, a set percentage is applied to determine the total support obligation, which depends on the number of children the couple has together. For example, 17% would be applied for one child, 25% for two children, 29% for three children, and at least 35% for couples with five or more children.
The final step is to divide the total support obligation between the parents based on their proportional share of the joint income. The parent who earns more income will pay a larger share to the other parent, who is usually the custodial parent.
Contact our Westchester County Divorce Attorney Today So We Can Get Started on Your Case
The Law Offices of David Bliven is a family law firm dedicated to helping those in the Westchester area resolve their legal issues. We know that no one likes going through the mechanics of getting a divorce. We are committed to supporting families during one of the most challenging times of their lives and achieving favorable outcomes that meet their needs.
Regardless of the complexities of your case, our attorney, David Bliven, and legal staff will provide you with the personalized service you deserve. Contact our White Plains law firm today at 917-938-7827 to schedule a consultation.