When legal matters hit close to home, the emotional weight can feel insurmountable. In many cases, decisions involve children, finances, and long-term stability, and a choice today could shape your future and the future of your family for years to come. During these difficult transitions, having a knowledgeable attorney by your side can bring clarity, structure, and peace of mind.
As a dedicated Westchester County Family Law Firm, we are committed to protecting your rights while helping you move forward with confidence. We deal with divorce, custody battles, maintenance allowance, and distribution of property cases with discretion and professionalism. Make sure your voice is heard and your family’s best interests are protected by speaking to a family law attorney from The Law Offices of Michael J. Borrelli today.
Legal Representation for Divorce
In New York, divorces are mostly categorized as either contested or uncontested. An uncontested divorce refers to a divorce upon which both parties agree on every term (such as the division of assets, custody of children, and other support). This process is usually faster and less costly. In contrast, a contested divorce happens when the two spouses cannot agree; thus, the court steps in to help settle the differences.
In addition to contested vs. uncontested, New York also recognizes no-fault and fault-based grounds for divorce. A no-fault divorce is granted when the relationship has broken down irretrievably for at least six months. Fault grounds, like adultery, cruel treatment, or abandonment, may also be availed of in filing for divorce and may have some bearing on alimony and property division decisions.
Our team of family law attorneys in Westchester County is well-prepared to help guide you through the divorce process and offer legal support along the way. If your divorce involves criminal charges, our criminal defense attorneys can assist with both proceedings.
Child Custody Solutions
Few family law matters are as emotionally charged as child custody disputes. Parents naturally want what is best for their children, but disagreements can arise over living arrangements, decision-making authority, and parenting schedules. Our child custody lawyer in Westchester County, NY, will work closely with any parents involved to develop practical parenting plans that prioritize their child’s emotional well-being and long-term development.
In New York, child custody determinations are guided by the best interests of the child, which considers a wide range of factors to ensure children are placed in stable, supportive environments. Courts may evaluate factors such as each parent’s involvement in the child’s life, the ability to provide a stable home, communication between parents, and any history of domestic violence or substance abuse.
Based on this information, custody arrangements will be made for legal custody and physical custody:
- Legal Custody: Having the legal ability to make major life decisions for the child himself/herself. These are his/her education, health care, and religious upbringing. It can be shared with both parents or just one.
- Physical Custody: Where the child will live primarily. Also, similar to legal custody, it can be either sole or joint.
Child Support & Financial Responsibility
In New York, child support is generally calculated using statutory guidelines based on the combined income of both parents and the number of children involved. However, child support cases are rarely as simple as applying a formula.
Courts may consider additional factors that influence support obligations, including childcare expenses, healthcare costs, educational needs, and extraordinary expenses related to a child’s care. In some cases, deviations from guideline amounts may be appropriate based on the specific financial circumstances of the parents.
The Law Offices of Michael J. Borrelli assists clients with establishing initial child support orders, as well as modifying or enforcing existing ones. In all cases, our child support attorneys in Westchester County, NY, work to create arrangements that are fair, accurate, and reflective of current financial realities while keeping the child’s best interests at the forefront.
Spousal Support & Alimony Considerations
Spousal support, also known as alimony or maintenance, is designed to address financial imbalances that may arise during or after a divorce. When determining spousal support, courts consider a range of factors, including the length of the relationship, each party’s income and earning capacity, age and health, contributions to the household, and the standard of living established during the marriage. The goal is not to punish either party, but to promote financial fairness and stability as both individuals move forward.
Our alimony attorneys represent both payors and recipients of spousal support, advocating for arrangements that are reasonable and sustainable. Whether negotiating terms or presenting arguments in court, our firm works to secure financial outcomes that align with your long-term goals and protect your financial future.
Please note that there are multiple types of alimony, including:
- Temporary Alimony: Support money paid while the divorce is in progress.
- Rehabilitative Alimony: This is awarded to enable a spouse to attain self-support by acquiring education or training.
- Permanent Alimony: The level of support is long-term and usually reserved for very long marriages or large disparities between incomes.
If you are seeking alimony after a divorce, consider speaking with one of our family law attorneys to see how we can help you secure the spousal support that you deserve.
Property Distribution
The division of property can be one of the most complex aspects of family law matters. New York follows the principle of equitable distribution, meaning marital property is divided fairly — but not necessarily equally — based on the circumstances of the case.
Marital assets may include real estate, bank accounts, retirement funds, business interests, and personal property acquired during the marriage. Separate property, such as assets owned prior to the marriage or received through inheritance, may be excluded from division depending on how it was maintained or commingled.
The court will consider a number of factors to ensure a fair division of assets, including the length of the marriage, each spouse’s contribution to the marriage, and the respective economic circumstances of the spouses. In cases where assets have been acquired through criminal activities, such as larceny, the court may also factor this into the division of property. A family law lawyer can prove to be indispensable in all property division matters. Call our team of family law attorneys today to see how we can be of service.
Domestic Violence
Domestic violence allegations have serious legal and personal consequences, particularly in family law matters involving custody, visitation, and support. Protection orders, also known as orders of protection, may even restrict contact between parties and impact parenting arrangements.
These cases require swift action, discretion, and a thorough understanding of New York family and criminal court procedures. The Law Offices of Michael J. Borrelli provides representation for individuals seeking protection from abuse, as well as those who have been accused and need to protect their rights.
Mediation and Alternative Dispute Resolution
Mediation is usually a more amicable, cost-effective procedure than contested litigation. The parties collaborate in the process in a non-confrontational way with the assistance of a neutral mediator in an effort to iron out various issues concerning divorce, custody, and other family law matters. It is typically less stressful and can be highly satisfactory to all parties involved, as it allows for free-flowing communication and mutual agreement.
Our family law lawyers can support mediation and negotiation when appropriate, while remaining fully prepared to litigate if an agreement cannot be reached. We always guide our clients based on their best interests and family dynamics.
Let Our Family Law Attorneys Guide You Through Life’s Most Personal Legal Challenges
Family law issues are incredibly taxing. Having the right legal support can make a meaningful difference in protecting your rights, preserving your dignity, and helping you move forward with confidence. If you are facing a family law matter and need trusted legal guidance, rely on The Law Offices of Michael J. Borrelli.
We provide compassionate, results-driven family law representation throughout Westchester County, NY. Contact us today to schedule a confidential consultation.
Frequently Asked Questions
What factors influence child support calculations in Westchester County, NY?
Child support in New York is calculated based on several factors, including the parents’ income, the child’s needs, and the custodial arrangement. Additional considerations may include healthcare, education, and extracurricular expenses. Our child support attorneys can provide clarity on how these factors impact your case.
What should I do if I suspect domestic violence in my household?
If you suspect domestic violence, it’s crucial to seek immediate help. Our attorneys can assist with obtaining protective orders and navigating the legal process to ensure your safety and that of your loved ones. For assistance, please reach out to us and take the first step towards securing a safer environment.
Do I need a family law attorney if my case seems simple?
Even seemingly straightforward family law matters can have long-term consequences. Legal guidance helps ensure your rights are protected and agreements are enforceable.
Can custody or support orders be changed later?
Yes, custody and support orders can be modified if there has been a substantial change in circumstances since the original order was issued. Common reasons include changes in income, relocation, changes in a child’s needs, or concerns about a child’s well-being. Our Westchester County family lawyers can evaluate whether your situation qualifies for modification and guide you through the legal process.
Will my case go to court?
Many family law matters are resolved through negotiation or mediation, but our attorneys are fully prepared to advocate for you in court if necessary.
What if the other parent is not following a custody or visitation order?
When a court order is violated, enforcement actions may be necessary to protect your parental rights and your child’s stability. Our family court lawyers can assist with enforcing orders and pursuing appropriate legal action.
Additional Information About Family Law in White Plains & Westchester County, NY
- New York Family Court Guide: This resource provides comprehensive information on family law matters, including custody, visitation, child support, domestic violence, and adoption. It also offers practical steps and resources for individuals navigating the family court system in New York.
- Understanding Domestic Violence: This guide offers comprehensive information about domestic violence, including its definitions, types, and warning signs. It provides insights into the dynamics of abusive relationships and how individuals can seek help and support. The resource aims to educate and empower those affected by domestic violence and those who support them.
- Matrimonial Agreements - Introduction to CSSA: This course book from the New York State Bar Association provides a concise guide on matrimonial agreements, including prenuptial and separation agreements. It also covers the basics of the Child Support Standards Act (CSSA), essential for understanding child support calculations in New York.