Westchester Divorce Attorneys

Berkman Bottger Newman & Schein LLP is an award-winning divorce firm. Our attorneys have earned the respect of their peers and local family law courts. We know that every divorce does not have to be an overwhelming battle. We take pride in our ability to focus on our clients’ goals and resolve matters through negotiation and settlement whenever possible, rather than forcing things to go to trial. Our firm is one of few in the area that offers highly experienced professionals trained to litigate, negotiate, collaborate, and mediate divorce and all other related family law matters.

We are available to represent you throughout Westchester and surrounding counties. Our Westchester office is located in White Plains at 445 Hamilton Avenue, 15th Floor, convenient to all Westchester locations including White Plains, Bronxville, Eastchester, Harrison, Scarsdale, Larchmont, Hastings, Irvington, Rye, Mount Kisco, and Yorktown.

Westchester Divorce Lawyers Offering Custom Strategies

Berkman Bottger Newman & Schein LLP provides its clients with three alternative ways to pursue divorce and other family law matters: litigation, collaborative law, and meditation. Using these methods, we can complete your divorce, one way or another, and protect your best interests all the while.

Call (914) 350-5329and ask us about:

• Litigation: Our litigation-focused lawyers have years of experience practicing in Westchester County. In addition to knowledge of the law, we have developed a deep understanding of the particular process in each court and a familiarity with court staff and personnel. This connection helps reduce the stress that our divorce clients would normally feel. While most cases resolve through settlement, our team is trained and ready to bring your matter to trial if needed.
• Collaboration: Our collaborative practice focuses on cooperation and representation in the divorce process without resorting to the courts.
• Mediation: Our experienced and trained attorney-mediators provide the opportunity for clients to find fair and realistic solutions to the economic and practical issues facing their families as well as help heal the psychological rift between divorcing spouses.

We are one of the few Westchester divorce law firms offering all three options, allowing you to find the best path forward for yourself and your family. We understand that the decisions you make can have long-term ramifications, often in unexpected ways. Our divorce attorneys know how important it is to consider all possibilities and outcomes so you can move on with your life.

What’s the Difference Between Contested & Uncontested Divorce?

When spouses/parents agree they want to get divorced and can agree on how they want to divide their assets and property, how they want to make decisions and share time with and support their children, and how they may need to provide support from one to the other, they can proceed with an uncontested divorce. If they cannot agree on any one of those issues, even if they both want to be divorced, their divorce is contested. All issues concerning children, support, and property division must be resolved before the divorce can be made official.

Even when proceeding in an uncontested divorce, it is very important to know your rights and obligations under the law before entering into any binding legal agreement. The lawyers at Berkman Bottger Newman & Schein LLP are here to assist and counsel you through the entry of a judgment of divorce in your case.

Grounds for Divorce

The grounds for divorce are the reasons why you want to end your marriage. In many cases, divorcing spouses just say that they have “irreconcilable differences” or that the marriage is “irreparably damaged.” New York allows you to go through a divorce for this reason and without the need to cite anything more specific.

However, you can cite more specific reasons to divorce if you think it could be helpful for your case. In this situation, knowing the recognized grounds for divorce can be helpful.

Common grounds for divorce include:

• Adultery
• Cruelty or abuse
• Abandonment
• Extensive incarceration

Typical Westchester Divorce Proceedings

During the preliminary phase of a contested divorce case, you, your spouse, and your attorneys will likely meet with a Court Attorney Referee (CAR). A CAR will handle most court conferences in your case. CARs do not conduct any hearings or trials, and they cannot issue orders. However, they can make recommendations to the judge, who will take them into consideration when issuing an order.

At your preliminary conference, the CAR typically works to:

• Resolve the grounds of your divorce.
• Determine the details and complexity of your case.
• Establish what issues must be resolved.
• Set expected schedule and deadlines for the case.

A CAR can request that the judge assign an attorney for the child or children and/or assign a forensic mental health expert if child custody issues remain unresolved. The CAR can also address whether experts should be assigned to value marital property including real estate or business interests.

While your case is pending, you will generally appear monthly with your attorney before the CAR who will monitor compliance with disclosure and efforts being made to settle your case and avoid trial. You can request a conference with the CAR or with a judge at any time should an unresolved issue require immediate attention such as a need for support or counsel fees while the case is pending or being prepared for trial. If the issue remains unresolved after the conference, you can request permission to file a formal motion. Westchester County has specific rules for filing motions.

Once the CAR determines that your case is ready for trial a pre-trial conference before a judge will be scheduled. At the pre-trial conference, the court will generally try to facilitate a settlement or at least narrow the issues to be tried. At the conclusion of the conference, a trial date will be set. Note that your case can be settled at any time up to the end of the trial.

Benefits of Hiring Our Divorce Lawyers

The divorce attorneys at Berkman Bottger Newman & Schein know and understand rules and procedures specific to Westchester County. Partner and attorney Abby Rosmarin is a long-time Westchester family law practitioner and a therapist who specializes in conflict resolution. She is also a member of both the Westchester County Bar Association (ADR Committee) and the Westchester Women’s Bar Association (co-chair of the Mediation Committee). Partner and attorney Ellen Werfel Martineau is a seasoned litigator and appellate attorney with a solid reputation for integrity, intellect, and responsiveness, and a member of the Westchester Women's Bar Association, and the Family Law Section of the Westchester County Bar. She is also formally trained in mediation and collaborative law.