Gregory Salant, family and matrimonial attorney and a partner at Harold, Salant, Strassfield & Rotbard, LLP, represents people who live in the Town/Village of Scarsdale in divorce matters. His office is in White Plains, at 81 Main Street, Suite 205 — the same city as the court where Westchester County divorce cases are filed. There is no firm office in Scarsdale.
If you live in Scarsdale, a divorce is not filed in Scarsdale Town Court or Village Court. It is a case in the New York State Supreme Court for Westchester County, which sits in White Plains. The information on this page is general information about New York law and where those cases are heard. It is not legal advice, and it is not a prediction of how any particular case will be resolved.
Where a Scarsdale divorce is filed
Westchester County Supreme Court sits at the Richard J. Daronco Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. A case is typically started by filing and serving a summons with notice, or a summons and verified complaint. New York also has residency requirements. Whether they are met depends on the facts and can be reviewed in a consultation.
The firm’s office is in downtown White Plains, at 81 Main Street, Suite 205, near that courthouse complex. Scarsdale Station on Metro-North’s Harlem Line is in the village; White Plains is also a Harlem Line stop. That may be useful for people traveling to the courthouse or to the office. It does not change where the case is filed.
Many New York divorces are brought on the ground often called no-fault, in Domestic Relations Law § 170(7): that the relationship has broken down irretrievably for at least six months, stated under oath. On that ground, the court does not grant a judgment until the financial and parenting issues have been resolved or determined and incorporated into the judgment. The statute lists seven grounds in all. A broader overview is on the Westchester divorce page and the White Plains divorce page.
Family Court in Westchester, and how it differs from a divorce case
Family Court does not grant divorces, annulments, or judgments of separation. Those actions are brought in Supreme Court. Westchester County Family Court currently has courthouses in White Plains, at 111 Dr. Martin Luther King Jr. Boulevard; in Yonkers, at 131 Warburton Avenue, 3rd floor; and in New Rochelle, at 26 Garden Street, 3rd floor. Which of those locations hears a particular Family Court matter should be confirmed with the court. This page does not assign Scarsdale residents to one of those three courthouses.
When custody, parenting time, or support is part of a divorce, those issues are generally addressed in the Supreme Court case in White Plains. Some family matters that are not part of a divorce may be heard in Family Court. Which court is the right place depends on the facts and can be discussed in a consultation.
The marital home
In many Scarsdale divorces, the marital residence is a central asset and a practical question: who stays in the home while the case is pending, whether it will be sold or one spouse will buy out the other, and how taxes, the mortgage, and other carrying costs are handled. Those questions depend on title, any separate-property contributions, the equity and debt, and the rest of the marital estate. There is no rule that one spouse automatically keeps the house.
New York distributes marital property equitably, meaning fairly under statutory factors, not necessarily equally, and not under community-property rules. Among the factors the court may consider is the need of a custodial parent to occupy or own the marital residence. That is one factor among others, not a guarantee of occupancy or ownership. How a home is classified and valued is discussed further on the high-net-worth divorce page.
Custody, parenting time, and school
When a divorcing couple has children, custody, parenting time, and child support are usually part of the Supreme Court case. New York courts decide those issues under a best-interests standard. Arrangements vary, and there is no special rule that a child must remain in a particular school district.
Questions that often come up include where each parent will live, how a parenting schedule fits a school calendar, and how the child’s existing school and community will be taken into account. Scarsdale Public Schools, the Scarsdale Union Free School District, is the local public school district. Other children in the community attend different schools. Those facts can matter in a particular case; they do not dictate a result. A fuller discussion of parenting cases is on the child custody and parenting time page.
Businesses, practices, and other complex assets
Some — not all — Scarsdale divorces also involve a closely held business, a professional practice, deferred compensation, equity awards, or more than one property. New York law does not use a single dollar test that makes a case “high-net-worth.” When those assets are involved, the work typically includes identifying marital and separate property, valuing interests that do not have a simple market price, and addressing support when income is above the statutory guideline caps. Those issues are discussed on the high-net-worth divorce page.
Uncontested and contested paths
If you and your spouse have reached agreement on the issues that need to be resolved — or are close to doing so — the case may be able to proceed as an uncontested divorce. The papers are still submitted to Supreme Court in White Plains. The court may ask for more information or an appearance. When the issues are resolved, this path is often more efficient than litigating open disputes. It is not a discounted or lesser form of representation.
A divorce is contested when the spouses have not agreed on one or more issues — the home, other property, support, or custody and parenting time. A contested Westchester case often moves through commencement and service, a preliminary conference, financial disclosure, temporary applications, settlement discussions, and, if needed, trial in White Plains. Some cases settle before trial; others are decided by the court. There is no typical timeline or result. Both paths can be discussed in a consultation.
What to bring to a consultation
To discuss a divorce matter with Gregory Salant, schedule a consultation or call (914) 683-2500. Please do not send confidential or detailed case information through an unreviewed website form. Contacting the firm through this website does not, by itself, create an attorney-client relationship.
Bring any papers you have received, existing agreements or court orders, and a short list of your questions. If they are available, useful records can include recent tax returns, a deed or mortgage statement for the home, pay or equity-award documents, and statements for bank, brokerage, and retirement accounts. Incomplete records should not keep you from asking for a consultation.
Schedule a consultation · (914) 683-2500
Gregory Salant, Partner, Harold, Salant, Strassfield & Rotbard, LLP
81 Main Street, Suite 205, White Plains, NY 10601
(914) 683-2500 · gsalant@haroldsalant.com
Frequently asked questions
If I live in Scarsdale, do I file for divorce in Scarsdale?
No. A divorce is filed in the New York State Supreme Court. For Westchester County, that court sits in White Plains, at 111 Dr. Martin Luther King Jr. Boulevard. Scarsdale Town Court and Village Court, at 1001 Post Road, do not grant divorces.
Which Family Court location serves Scarsdale?
Westchester County Family Court has courthouses in White Plains, Yonkers, and New Rochelle. The location for a particular Family Court matter should be confirmed with the court. Family Court does not grant divorces. When custody or support is part of a divorce, those issues are generally addressed in the Supreme Court case in White Plains.
Does one spouse automatically keep the marital home?
No. Whether the home is sold, whether one spouse buys out the other, and who lives there while the case is pending are fact-specific questions. In dividing marital property, the court may consider, among other statutory factors, the need of a custodial parent to occupy or own the marital residence. That is not a guarantee.
How do school and the child’s community come up in a custody case?
Courts decide custody and parenting time under a best-interests standard. Questions about where a child will live, which school the child will attend, and how a schedule fits the school year often arise. They are considered with the rest of the facts. There is no rule that a child must remain in a particular district.
What should I bring to an initial divorce consultation?
Any papers you have received, existing agreements or court orders, and a short list of questions, plus financial records and, if you have them, documents about the home. Incomplete records should not keep you from scheduling a meeting.
Serving Westchester, Rockland, Putnam, Orange and Dutchess Counties, and the Bronx, Manhattan and the other New York City counties.
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