Divorce Lawyer Westchester
Grgory Salant is a Divorce Lawyer in Westchester. He can specializes in Divorce Law and the following types of divorces:
When all attempts to negotiate a settlement fails, parties can resolve it through a trial. A judge or jury will determine the terms of the divorce. The most common reason for a contested divorce is because of child custody disputes or disagreements on property division.
In an uncontested divorce, there is a mutual agreement to end the marriage. The parties work together to agree on major issues like child custody, visitation, child support, property distribution, financial issues, etc. Once they have agreed upon and signed a marital settlement agreement, it is presented to the court and the final divorce decree is entered.
Summary Divorce or Simplified Divorce
In many states, summary divorce or simplified divorce procedures are available. When there is no conflict between the spouses and they meet certain eligibility requirements, divorce is usually granted quickly, normally within 30 days of filing.
Depending on the State law, some of the key factors for a summary divorce are:
- Short marriage (five years)
- No children (or the couple has already discussed custody and set support payments)
- Minimal or no real property
- Marital property is below $35,000 (not including vehicles)
- Each party’s personal property is the same as marital property
- Neither individual receives spousal support
Fault or No-Fault Divorce
New York is only state in the United States that still requires fault to be proven during a divorce proceeding. It is required that one or both of the parties involved in the divorce prove which party was at fault. If fault is not found the divorce will not be ratified and the couple will still be legally married. In a no-fault divorce, neither party is required to prove fault. The grounds for divorce under no-fault are incompatibility, irreconcilable differences and irremediable breakdown of the marriage.
In a mediated divorce, the spouses attend several sessions with a mediator to resolve marital issues. The mediator does not make any decisions, it is up to the spouses. Divorce mediators can be attorneys, health professionals or financial experts. The mediator helps with communication, providing information and suggestions to help resolve differences. They report to the court on whether any decision or agreement was reached by the parties.
The parties in a collaborative divorce agree from the beginning not to resolve their differences in the court. They engage in a series of meetings with trained attorneys and other experts and work towards achieving the best outcome for the entire family. However, if the parties cannot reach an agreement, original attorneys withdraw and different attorneys take the case to trial.
If you would like to hire a divorce lawyer in Westchester contact Gregory Salant at email@example.com or call 914-683-2500.