How do I hire a family law attorney in Westchester County?

Choose counsel with experience in the issues your family faces, whether that involves divorce, custody, support, or complex property division. Ask about the lawyer's approach to negotiation and litigation, fees, and communication. Kevin B. Faga's White Plains practice handles family and matrimonial matters. Bring existing agreements, court orders, financial records, and your immediate concerns to the consultation.

What is the difference between family law and divorce law?

Divorce ends a marriage and can resolve related financial and parenting issues. Family law also includes matters that arise outside divorce, such as custody, support, and certain protection proceedings. The proper court depends on the relief requested and the circumstances. Describing the actual problem helps counsel determine the appropriate proceeding rather than relying only on a practice-area label.

Does Family Court grant divorces in New York?

No. New York Supreme Court grants divorces. Family Court handles many related matters, including custody, parenting time, and child support, within its jurisdiction. Some issues can arise in either court depending on an existing case or order. Give your attorney all current court documents so that overlapping proceedings and conflicting requests can be addressed.

What is the difference between a contested and an uncontested divorce?

An uncontested divorce involves agreement on the matters that must be resolved, including applicable financial and parenting issues. A contested divorce involves unresolved issues requiring further negotiation or court decisions. Agreeing that the marriage should end does not necessarily make the divorce uncontested. A review should identify what has actually been settled and whether the agreement is complete and legally workable.

How is property divided in a New York divorce?

New York uses equitable distribution, which calls for a fair allocation under the law rather than an automatic equal division of every asset. Counsel must identify marital and separate property and evaluate relevant financial circumstances. Ownership records, acquisition dates, and the source of funds can matter. A home, retirement account, or business may require analysis beyond whose name appears on it.

Will I have to sell the marital home?

A sale is one possible outcome, but it is not automatic. Options may depend on equity, financing, each spouse's resources, children's needs, ownership issues, and the overall settlement. Keeping the property requires a realistic plan for mortgage obligations and future costs. An agreement between spouses does not, by itself, require the lender to release a borrower.

How do New York courts decide child custody?

Custody decisions focus on the child's best interests. Relevant considerations can include safety, caregiving history, stability, each parent's ability to meet the child's needs, and other circumstances affecting the child's welfare. Courts do not decide custody simply by choosing the parent with the larger income. Explain the child's daily arrangements and any safety concerns so counsel can assess the evidence.

What is the difference between legal custody and physical custody?

Legal custody concerns authority over major decisions for a child, while physical or residential custody concerns where the child lives and day-to-day arrangements. The wording of the agreement or order matters, including how decisions and parenting time are allocated. A label such as joint custody does not, by itself, answer every question about the schedule or decision-making process.

Can a custody or parenting-time order be changed?

A modification generally requires a legally sufficient change in circumstances and an arrangement that serves the child's best interests. A new work schedule, relocation proposal, or significant concern may warrant review, but does not automatically justify a change. Continue following the current order unless it is modified, and ask counsel how to seek appropriate relief.

How is child support determined in New York?

​Child support is governed by statutory rules and the family's circumstances. Income, the number of children, applicable adjustments, health coverage, childcare, and other permitted expenses may affect the analysis. The result is not necessarily the figure produced by an informal online calculator. Provide complete financial information and disclose any existing orders so counsel can evaluate the relevant obligations.

Can I stop paying support if the other parent denies parenting time?

Do not treat one issue as permission to disregard the other obligation. Support and parenting-time orders should be addressed through the appropriate enforcement or modification procedures. Likewise, unpaid support does not automatically authorize withholding court-ordered parenting time. Preserve records of what occurred and seek advice about the available relief while complying with existing orders.

What if my income changes after a support order is entered?

A change in income may support a request to modify support, depending on the applicable legal grounds, the order, and any agreement. The payment obligation does not automatically change when earnings fall. Seek advice promptly, keep records, and avoid relying on an informal understanding as a substitute for an enforceable modification. Timing can affect the relief available.

Will I receive or have to pay spousal maintenance?

Maintenance depends on applicable New York rules and the particular financial circumstances. Relevant information includes income, the length of the marriage, earning capacity, and other statutory considerations. Temporary support during a case and support after divorce may involve different analyses. An attorney can explain the framework and evaluate how a proposed arrangement affects the complete financial settlement.

How is a family-owned business addressed in a divorce?

A business may raise questions about ownership, marital value, income, and access to financial information. Valuation professionals may be needed, and business records can be important to both property division and support. An equal ownership split is not an automatic outcome. Explain the business's history, funding, and operations before making assumptions about what a spouse is entitled to receive.

Do retirement accounts have to be considered in a divorce?

Retirement assets can include marital and separate components. The plan type, contribution history, and applicable rules affect how an interest is evaluated and transferred. Some divisions require an order that the retirement plan must review and qualify. A settlement should address implementation rather than merely saying an account will be divided; withdrawal and tax consequences also deserve attention.

Can we negotiate a family law agreement without a trial?

Yes. Negotiation or mediation may help resolve financial and parenting issues, and counsel can review whether a proposed agreement protects your interests. Full disclosure and clear terms are important. Some situations require court intervention, particularly where safety or immediate enforceable relief is at issue. An agreement should reflect informed decisions rather than pressure to finish quickly.

Should I have my own attorney review a prenuptial or postnuptial agreement?

Independent review helps you understand proposed waivers, property provisions, support terms, and how the agreement interacts with estate rights. New York has specific execution requirements, and enforceability can depend on more than signing a standard form. Address the document early enough to allow financial disclosure, questions, and negotiation before any planned signing date.

What should I do if domestic violence or an order of protection is involved?

If there is immediate danger, contact emergency services. For legal advice, provide counsel with existing protection orders, criminal case information, and relevant family court documents. Protection proceedings can intersect with custody, residence, and communication restrictions. Follow existing orders and ask how to request appropriate relief; informal permission from another person does not change a court's terms.

Can a parent move away with a child after separation?

Relocation can require consent or court approval depending on the custody arrangement and circumstances. A proposed move may affect the child's relationship with both parents, schooling, and the practical parenting schedule. Review the existing order or agreement before making commitments. Counsel can assess the applicable requirements and how the child's best interests should be presented.

What should I do before meeting with a family law attorney?

Gather court orders, prior agreements, tax returns, income records, account statements, and information about major assets and debts. Prepare a brief account of the children's routines and your immediate concerns. Avoid moving assets, signing waivers, or changing arrangements solely on informal advice. A useful consultation begins with accurate information about both the family and the finances.