Schedule a consultation718-942-4004
Going through a divorce in Westchester can leave you feeling uncertain about your future and your options. When you work with a Westchester County divorce lawyer, you gain the support you need to protect your rights and interests. An experienced Westchester County family law attorney can handle the complexities of your case while keeping you updated on important developments.
Once they understand your priorities, they can pursue a favorable outcome that protects what matters most. You may be tempted to approach a divorce amicably with your spouse in the hopes of a smooth, inexpensive process. Unfortunately, this process can often turn contentious, leading to a process that ends unfairly.
The strength and experience of your legal counsel can greatly influence the outcome of your divorce in Westchester. Working with leading Westchester county divorce lawyers ensures your interests are aggressively protected. When you partner with the seasoned litigators at The Levoritz Law Firm, you gain the support of an award-winning legal team that has received Martindale-Hubbell’s top designation for ethical conduct. We take a hands-on and proactive approach to representing clients by strategically filing motions with precision and urgency when needed.
Setting our law firm apart is our decades of experience handling complex, high-asset divorces in Westchester. We understand how hard our clients have worked to build their estates and the critical importance of protecting their parental rights. At every stage of the divorce, one of our lead attorneys will remain in close contact with you so you are always informed about developments in your case.
Divorces in Westchester County can lead to unique challenges. Securing a knowledgeable divorce lawyer Westchester NY can make all the difference when dealing with these complex local cases. The state of New York has a divorce rate of 2.4 per 1,000 residents, and Westchester’s affluent communities often see cases involving complex marital estates.
A New York State government report lists the median sale price at $865,000 for Westchester County in 2024, which reflects the value of real estate in upscale neighborhoods such as Scarsdale, Bronxville, and Rye. With a median household income of $118,400 from 2019 to 2023, many divorces involve substantial assets, investments, and long-term financial planning.
Family court matters in Westchester are handled at the Westchester County Family Court, 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY. Couples often face challenges like valuing high-end properties, dividing retirement portfolios, determining spousal maintenance, and resolving child-related issues when both parents have demanding careers.
New York courts determine property division and child custody by applying two separate but equally important standards. For property, judges use the state’s equitable-distribution system, which focuses on what is fair rather than a strict fifty-fifty split. They identify marital assets, evaluate each spouse’s income and contributions, and consider factors such as earning potential and the length of the marriage.
For child custody, courts apply the best interests of the child standard. Judges look at each parent’s stability, caregiving history, work schedule, and ability to meet the child’s needs. The goal is to reach outcomes that protect both financial security and family stability. Going through this process requires the guidance of a skilled divorce attorney Westchester County NY.
One of the most important factors that determines the length of a divorce is whether the case is contested or uncontested. The distinction depends on whether the spouses have resolved every issue on their own or are relying on litigation and the courts to resolve disagreements. Some cases may begin uncontested, only to lead to disagreements involving the courts. Understanding the difference between these two types of divorces is key to navigating the process.
When both spouses work collaboratively to resolve disagreements without relying on court hearings and rulings by judges, the cases are considered uncontested. In these cases, the division of marital assets, child custody determinations, and other key parts of a divorce are decided through direct talks with an emphasis on compromise.
This doesn’t mean that there are never disagreements or concerns, but rather that both sides are generally working toward an amicable agreement that leads to a final court order. Uncontested divorces often lead to sustainable final agreements because both parties feel like their goals and concerns were heard by the court and reflected in the final order.
A contested divorce typically arises when one or both spouses disagree on significant issues. Disputes over property division, business valuations, retirement accounts, child custody, parenting time, and other issues can lead to disputes that ultimately lead to litigation. Contested divorces often require considerably more time to resolve and may ultimately lead to final hearings or a trial.
Some divorces begin as uncontested matters but later become contested when disagreements arise over finances or parenting arrangements. Likewise, many contested divorces eventually settle before trial through negotiation or mediation. An experienced Long Island divorce attorney can evaluate your circumstances, protect your rights throughout the process, and work toward a resolution that reflects your family’s interests while preserving your financial future.
Before a court can grant a divorce, the filing spouse must establish a legally recognized ground for ending a marriage. Today, the most common basis for divorce is New York’s no-fault divorce law, which allows either spouse to state under oath that the marriage has suffered an irretrievable breakdown for at least six months.
To obtain a no-fault divorce, issues involving property division, child custody, spousal maintenance, and other related matters must be resolved before the court enters a final judgment of divorce. For many couples in the state of New York, this option provides a path for ending a marriage without the need to cite a cause. It only takes one party to file for a no-fault divorce to hear and ultimately finalize the divorce.
New York is unique in that it continues to recognize fault-based grounds for divorce. These include cruel and inhuman treatment, where one spouse’s conduct makes it unsafe or improper to continue living together. Abandonment typically involves one spouse leaving the other for a period of at least one year. Adultery and imprisonment are other grounds for fault-based divorce. Proving fault requires additional evidence.
Choosing the appropriate ground depends on the facts of your case and your legal strategy. While many couples pursue a no-fault divorce because it is more straightforward, there are situations in which alleging fault-based grounds may be appropriate.
After a divorce is finalized, either party may return to court to request a modification. This is often done for child support, alimony, or custody-related matters. A successful petition must demonstrate that there is a substantial change in circumstances justifying the request.
Common grounds for requesting a modification include instances where:
A request for modification requires evidence to back these and other reasons for going back to court. If the court grants a hearing, the other parent must be informed about the court process and allowed to appear and contest the modification. Not every modification request is successful, and careful preparation can play an important role in shaping the outcome of these cases. If a modification is granted and signed, it becomes enforceable in court.
Every divorce follows a unique timeline, but most cases move through common stages. Understanding what to expect before, during, and after a divorce can help reduce anxiety and uncertainty about the process while allowing you to make informed decisions along the way.
These cases are heard at Nassau County Supreme Court, located at 100 Supreme Court Drive in Mineola, or the Suffolk County Supreme Court, located at 400 Carleton Avenue in Central Islip. The specific location depends on where the parties reside. The divorce process begins when one spouse files a Summons with Notice or Summons and Verified Complaint and properly serves the other spouse. The responding spouse then has an opportunity to file an answer and participate in the court process.
When the divorce is uncontested, the parties can proceed by submitting a settlement agreement and the required documents for judicial approval. In contested cases, the court may schedule preliminary conferences to establish deadlines and address temporary issues such as child custody, parenting time, child support, and other pressing matters.
Early steps in a contested divorce include the exchange of financial disclosures, including tax returns, bank statements, retirement accounts, business interests, real estate holdings, and other assets. This is typically done through the discovery process, and complete and transparent financial disclosures are essential for allowing the courts to fairly resolve issues involving support and property division.
Divorces can be resolved through mediation, which involves a neutral third party. If the parties cannot reach an agreement on important matters through direct talks, the courts may take a more active role in resolving those disagreements. During hearings or a final trial, a judge hears arguments from both parties and reviews evidence before deciding custody, property division, and other matters. They then sign a Judgment of Divorce that officially ends the marriage.
The decision to hire a divorce lawyer in Westchester County can be a critical investment in your rights and financial future. A Westchester County divorce attorney plays a crucial role in shaping the outcome of divorce cases. They understand the state’s divorce laws and how they apply to clients.
Whether your main concern is protecting your property or parental rights, your lawyer can take decisive steps to safeguard those rights by filing motions, representing you at hearings, and negotiating on your behalf. During a challenging ordeal, having strong legal representation provides you with trusted advice and unwavering support.
The Levoritz Law Firm has the knowledge and experience that you can count on when you need it the most. Our team is dedicated to understanding the individual needs of each client. We know each case is unique, and we approach each case as if clients were members of our own families. With compassion and empathy, we help Westchester County residents navigate these difficult legal processes.
In Westchester County, both parties to a divorce are generally expected to cover their own legal fees. There are exceptions when one spouse can demonstrate that they are not financially independent. In those cases, the court may order the spouse to cover legal expenses. Those cases are generally rare, which is why anyone going through a divorce should be prepared to cover their own legal fees.
The first step in the divorce process in New York should be to hire an attorney. Legal representation is crucial in a divorce, even if you have not yet filed. Your lawyer can help you understand what to expect and which strategies to consider for protecting your rights and interests. Once your lawyer understands your priorities, they can file the necessary summons to start the divorce process.
There is nothing to stop your spouse from refusing to participate in a divorce in Westchester County, but that will not stop the process from moving forward. When one party does not show up for court, they could forfeit their right to present their own legal arguments. Those cases generally end with a default judgment. The courts would still review the evidence presented and make rulings based on state laws.
You can keep important assets in a divorce by working with a skilled family law attorney who can make sure your spouse is financially transparent and that you keep separate property. The burden of proving that property is separate falls on the person making that claim. An attorney can help you gather evidence and represent you in court, so you only part with what you are obligated to under the law.
When you secure representation from The Levoritz Law Firm, you gain a strategic edge in the Westchester County divorce process. Our attorneys do not react to actions by opposing counsel. Rather, we take an active role in shaping outcomes by acting quickly and protecting your position from day one.
Once we understand your goals, we build a results-focused strategy designed to safeguard your assets, parental rights, and long-term stability. With decades of combined experience handling complex divorce matters across Westchester, our team can secure terms for a final divorce court order that strengthens your financial future. Contact our office today to learn how we can help protect what matters most.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.
©
2026 Levoritz Law Firm – New York, NY. All Rights Reserved.
Terms and Conditions | Disclaimer | Site Map | Privacy Policy. 
*Images are obtained under license from Canva and other third-party stock image providers, with attribution included where required.
