Westchester Divorce Attorney
If you are looking for a Westchester divorce attorney, contact Gregory Salant of Harold, Salant, Strassfield & Rotbard, LLP.
When a couple decides to part their ways, they have to go through the divorce process. If the couple seeking divorce has been married for a relatively short period of time, have no children, and little property or debt, their divorce process may require less time. However, if the couple has been married for a long period of time, have minor children, and there is significant property or debt to divide, that divorce process may require more time. A New York divorce is started in Supreme Court by filing a summons with notice, or a summons and verified complaint, with the County Clerk. The plaintiff then has 120 days to serve the defendant, generally by personal delivery. Automatic orders under Domestic Relations Law § 236(B)(2)(b) bind the plaintiff when the action is filed and the defendant when served with the summons. The defendant responds by serving a notice of appearance or an answer. Either spouse can ask the court by motion for temporary relief, such as temporary maintenance, child support, custody or counsel fees. In a contested case, a Request for Judicial Intervention is filed within 45 days of service (or 120 days if a notice of no necessity is filed), and the court holds a preliminary conference within 45 days after the case is assigned to a judge; both parties must attend in person, and sworn statements of net worth are exchanged and filed at least 10 days before the conference (22 NYCRR 202.16). Issues that are not settled go to trial. The marriage ends when the court signs a Judgment of Divorce, which incorporates any settlement agreement or the court’s decision on the open issues.
To discuss a divorce matter, contact Gregory Salant, a Westchester divorce and family law attorney, at gsalant@haroldsalant.com or (914) 683-2500. He is knowledgeable, determined and compassionate and will take the time to explain your legal rights in terms you can understand.