Divorce Representation in White Plains and Westchester
When spouses cannot agree on property, support or the children, a divorce becomes litigation. Gregory Salant, a partner at Harold, Salant, Strassfield & Rotbard, LLP, represents spouses in contested divorces throughout Westchester County, from the first filing through settlement or trial.
Situations Gregory handles
One spouse owns a business or professional practice, and its value and income are disputed (see High-Net-Worth Divorce).
One spouse has managed the family finances, and the other needs a full picture of the marital estate.
The parties disagree about whether property is marital or separate, or about what it is worth.
Support, custody and property issues all need to be resolved together.
A summons has been served, or you are deciding whether to begin an action.
How a contested divorce proceeds in New York
Divorce actions are brought in the New York State Supreme Court; Westchester's court sits in White Plains. Many are brought on the ground that the relationship has broken down irretrievably for at least six months, stated under oath. On that ground, judgment is not granted until property division, support, counsel fees, custody and visitation are resolved by agreement or decided by the court. The usual stages are commencement and service, a preliminary conference, exchange of sworn Statements of Net Worth and documents, depositions and subpoenas, expert valuations, motions for temporary relief (for example temporary maintenance, child support or counsel fees), settlement conferences and, if needed, trial.
Equitable distribution
New York divides marital property equitably, which is not necessarily equally. The court considers statutory factors including the duration of the marriage, each party's income and property at the time of marriage and when the action began, contributions (including contributions as a spouse, parent and homemaker), and each party's future circumstances. Property acquired before the marriage, by inheritance, or by gift from someone other than the spouse is generally separate property. An increase in the value of separate property can be partly marital, for example where it results from the other spouse's contributions or efforts. Marital debts are also addressed as part of the case.
First steps
Get advice before signing anything, moving out, or responding to papers, and avoid unusual transfers or spending of marital funds while the case is being planned.
What should I bring to an initial divorce consultation?
Bring any papers you have received, existing agreements or court orders, and a short list of your questions. If available, gather recent tax returns, pay information and statements for bank, retirement and mortgage accounts. Do not delay asking for advice because your records are incomplete. Counsel can discuss which documents matter for your situation.
How Gregory approaches these cases
Thorough preparation: understanding the finances, the family and the documents early.
Strategic litigation: targeted discovery and motion practice, and trial when it is necessary.
Negotiated resolutions when appropriate: many contested cases settle, and a well-prepared case supports a fair settlement. Some issues can be settled in advance through agreements.
Working with forensic accountants, valuation experts and other professionals when the case calls for it.
Questions about timing and process are answered in the FAQ.
Considering divorce or served with papers? Schedule a Consultation · (914) 683-2500