White Plains Divorce Attorneys

Compassionate and Knowledgeable Divorce Attorneys in White Plains

In a divorce, the goal is to come to a resolution as quickly and stress-free as possible by negotiating a favorable settlement agreement without having to go to court. If you find yourself at a standstill in your divorce and cannot come to a favorable agreement, Tully Rinckey’s team of New York State divorce lawyers will represent your interests aggressively in court to secure the best possible outcome for your case.

Our Westchester County divorce attorneys have over 100 years of combined experience practicing law to secure our clients’ wishes. We routinely assist individuals throughout Westchester and Rockland Counties, as well as the New York City Metropolitan Area.

Before you can get divorced in New York State, you must satisfy residency requirements and meet one of the grounds for divorce.

What are the Residency Requirements for obtaining a divorce in New York?

To be granted a divorce in New York State, certain residency requirements must be met. To file for a divorce in New York State, you must satisfy one of the following requirements:

• You or your spouse must have been living in New York State for a continuous period of at least two (2) years immediately before the date you start your divorce action; or
• You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one (1) year immediately before the date you start the divorce action, and at least one of the following must also be true:
  • Your marriage ceremony was performed in New York State; or
  • You lived in New York State with your spouse as husband and wife.
• You or your spouse must have been living in New York State for a continuous period of at least one (1) year immediately before the date you started your divorce action, and your grounds for divorce must have happened in New York State.
• You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State.

What are the Grounds for obtaining a Divorce in New York?

Grounds for divorce in New York State fall into one of two categories: no-fault or fault-based grounds.

No-fault Divorce:

Individuals can seek a “no-fault” divorce if at least one party states under oath that the parties agree that the marriage has “broken down irretrievably” for a period of no less than six months prior to the commencement of the divorce proceedings.

However, no judgment of divorce shall be granted unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel fees and expenses, as well as the custody and visitation with the children of the marriage, have been resolved by the parties or determined by the court and incorporated into the judgment of divorce. No-fault grounds are particularly appealing to parties seeking a divorce because they set the most streamlined course for obtaining a divorce.

Fault-based Divorce:

Proving fault in a divorce can be challenging, but the family law attorneys at Tully Rinckey are here to help ensure that your rights are protected. Below are the fault-based reasons that couples in New York are permitted to use as grounds for action:

• Adultery
• Cruel and Inhuman Treatment
• Abandonment—physical or sexual
• Imprisonment
• Living separate and apart pursuant to a separation agreement
• Living separate and apart pursuant to a separation judgment or decree

What are the Laws Regarding Legal Separation in New York?

If you are not entirely ready to dissolve your marriage, legally separating from your spouse is a great alternative. In a legal separation, you physically separate from your spouse and enter into a written agreement that resolves issues of custody, child support, occupancy of the marital residence, and other financial matters relevant to the marriage.

What is the Distribution of Property in a New York State Divorce?

New York State uses equitable distribution when dividing marital property. As such, a clear distinction must be made between what is considered “separate property” and “marital property.”

Separate property is defined as the following:

• Property acquired before the marriage.
• Property acquired by bequest, devise, or descent (i.e., an inheritance).
• Gifts to one spouse from anyone other than the other spouse. However, it is often disputed whether a gift was to one or both spouses, with the latter making it marital property.
• Compensation for personal injury cases, but only that part that constitutes punitive damages and pain and suffering.
• Separate property acquired in exchange for separate property.
• Appreciation of the separate property will be considered separate property if the non-titled spouse contributed towards the appreciation.
• Property designated as separate by a validly executed marital agreement as defined in a prenuptial or postnuptial agreement.

Marital property is defined as any property that is not within the definition of separate property and is any property that is acquired by either party during the marriage, regardless of who actually owns the asset. Thus, business interests, real estate, bank accounts, and pensions are marital property and are subject to equitable distribution. Likewise, portions of personal injury awards covering lost wages are also marital property, as is an appreciation of separate property when the non-titled spouse can show a contribution towards the appreciation.

Because there are so many details involved in determining how to divide property, it is important to work with our experienced matrimonial attorneys in White Plains to ensure that your rights are protected and that you receive your fair share of property and assets in a divorce settlement.

What are the Rules Regarding Spousal Support?

In New York, either party may be awarded maintenance income or spousal support. There are many factors that are accounted for when determining which spouse will receive support and the amount that is to be paid. In determining spousal support, the court shall examine both parties’ income, the duration of the marriage, lifestyle prior to marriage, tax consequences, the presence of children in the marriage, as well as other factors.

If you qualify for maintenance income, your spouse may not be keen on paying the support amount. It’s important that you have representation from a divorce attorney who will aggressively represent and defend your interests and rights.

Why Choose Tully Rinckey to Help with Your Divorce?

If you have made the decision to end your marriage, you deserve both respect and honesty. Tully Rinckey’s New York State divorce attorneys have over 100 years of combined experience assisting families with numerous family and matrimonial law matters. When choosing Tully Rinckey, you have peace of mind knowing that our divorce lawyers have seen similar cases and can give you the guidance needed during this stressful time. We will be with you every step of the way and ensure that you are both comfortable and knowledgeable about the divorce process moving forward.

Our attorneys have practiced family and matrimonial law across Westchester County, serving those in White Plains, Yonkers, Eastchester, New Rochelle, Port Chester, and more. With a team of family and matrimonial lawyers located across New York State and access to online consultations and bookings, we can assist you at any time and bill at lower rates than competing firms.