White Plains Family Law Divorce & Custody in Westchester Free Consultation

White Plains Family Lawyer

Divorce, Custody & Family Law Representation in Westchester County

When your family is facing a legal crisis, you need an attorney who knows the courtrooms where your case will actually be heard. Attorney Michael J. Borrelli has spent more than 30+ years appearing in Westchester County courts.

The Law Offices of Michael J. Borrelli, P.L.L.C. handles the full range of matrimonial and family law matters:

Our extensive experience in both criminal and family law gives you a distinct advantage: when your case involves concurrent criminal and family court proceedings, such as a domestic violence charge alongside a custody dispute or criminally acquired assets in a divorce, you can work with just one attorney and receive comprehensive representation in both areas of law. That means working a White Plains family law attorney who knows every aspect of your case.

Michael personally attends 99% of client court appearances, so the attorney who knows your case is the attorney standing beside you.

Facing a family law matter in Westchester County? Call (914) 928-2766 for a free consultation. Hablamos español. 

Divorce Representation in White Plains

Divorce cases in Westchester County are filed in the Supreme Court of Westchester County in White Plains. New York is a no-fault divorce state, meaning either spouse can petition on the ground that the marriage has broken down irretrievably for at least six months. Fault grounds, including adultery, cruel and inhuman treatment, and abandonment, remain available. Courts may consider fault in the financial aspects of a divorce, but generally only where the misconduct was egregious and well outside the bounds of an ordinary divorce action.

Our firm handles both contested divorce and uncontested divorce proceedings. An uncontested divorce requires full agreement on asset division, custody, and support before filing. When that agreement can’t be reached, contested proceedings require courtroom advocacy. If criminal charges arise in connection with a divorce, Michael handles both matters without transferring the case to another attorney.

Child Custody in Westchester Family Court

Custody and visitation petitions in White Plains are heard in Westchester Family Court. New York courts decide custody based on the best interests of the child, weighing each parent’s involvement, ability to provide stability, communication between the parties, and any history of domestic violence or substance abuse.

Legal custody governs major decisions, things like education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. Both can be sole or joint, and the distinction matters when parents have conflicting ideas about how to raise their child. 

A well-drafted parenting plan requires both legal precision and practical foresight to hold up as circumstances change over time. Michael attends 99% of custody hearings personally. When you choose The Law Offices of Michael J. Borrelli, P.L.L.C., you'll be represented by the attorney who built your case, not a stand-in.

Child Support Under the CSSA

New York calculates child support under the Child Support Standards Act (CSSA), which applies a fixed percentage of combined parental income based on the number of children. Courts may adjust that baseline amount to account for childcare expenses, healthcare costs, educational needs, and other extraordinary child-related costs.

The firm assists with establishing initial child support orders and with modifying or enforcing existing orders when circumstances change. If your income has shifted significantly, a child has new needs, or the other party isn’t complying with an existing order, The Law Offices of Michael J. Borrelli, P.L.L.C. can help you seek relief through the court.

Spousal Support & Maintenance

New York courts weigh several factors when setting maintenance. This includes things like: 

  • The length of the marriage
  • Each party’s income and earning capacity
  • Age and health
  • Contributions to the household
  • The established standard of living

New York recognizes two primary forms of maintenance. Temporary maintenance is calculated under a statutory formula while the divorce is pending. Post-divorce maintenance, once the divorce is finalized, may be durational, lasting a set period to help a spouse become self-supporting, or non-durational, which is typically reserved for long marriages or significant income disparities.

Our firm represents both payors and recipients of spousal support. Whether you’re fighting an unreasonable demand or protecting your right to support, Michael approaches both sides of maintenance disputes with the same preparation.

Property Distribution in White Plains Divorce Cases

New York follows equitable distribution: marital property is divided fairly, not necessarily equally. Marital assets can include real estate, bank accounts, retirement funds, business interests, and personal property acquired during the marriage. Separate property, assets owned before the marriage or received by inheritance, may be excluded depending on whether it was commingled with marital assets.

Courts weigh the length of the marriage, each spouse’s contributions, and their respective economic circumstances. Where criminally acquired assets are at issue, property division intersects with criminal law. Michael’s background in larceny and financial crimes informs how those situations are handled in the divorce context.

Domestic Violence: When Family Court & Criminal Court Run at the Same Time

An order of protection can restrict contact and reshape parenting arrangements within days of being issued. When domestic violence allegations escalate into criminal charges, two separate proceedings, family court and criminal court, can run simultaneously, each influencing the other.

Michael has spent more than 30+ years working with every police agency and court in Westchester County, including domestic violence matters in both family court and criminal court in White Plains. When a domestic violence matter crosses into criminal charges, The Law Offices of Michael J. Borrelli, P.L.L.C. handles both. One attorney, both venues, no gaps.

New York courts treat domestic violence history as a factor in child custody determinations under the best-interests standard. How your matter is handled in criminal court can directly affect your custody position in family court. That’s the kind of cross-court exposure that requires unified legal strategy from day one. 

Mediation & Litigation: Ready for Either

Mediation gives divorcing spouses a non-adversarial process to resolve disputes over custody, support, and asset division with a neutral third party. It’s typically less costly and less time-consuming than contested litigation. Our firm supports negotiated resolution where it genuinely serves the client’s interests.

Some situations don’t belong in mediation. Cases involving domestic violence, significant power imbalances, or hidden assets require courtroom advocacy. Michael’s record across more than 40 felony criminal trials means every family law client has an experienced litigator prepared to go to court if negotiation fails or the other side isn’t negotiating in good faith.

Family Law FAQ

What Factors Influence Child Support Calculations in White Plains, NY?

New York uses the CSSA formula, which applies a percentage of combined parental income based on the number of children. Courts also factor in childcare, healthcare, and educational expenses. The guideline amount can be adjusted when extraordinary child-related costs are documented.

What Should I Do If I Suspect Domestic Violence in My Household?

An attorney can assist with understanding your rights and pursuing orders of protection through Family Court or criminal court. Don’t wait. Contact our office as soon as possible so you can understand your options before the situation escalates further.

Do I Need a Family Law Attorney If My Case Seems Simple?

Even straightforward matters can produce agreements with long-term consequences, especially around custody and support. Legal guidance helps confirm that any agreement is enforceable and that you’re not waiving rights you didn’t know you had.

Can Child Custody or Support Orders Be Modified Later?

Yes. Either party can seek a modification by showing a substantial change in circumstances: a meaningful income change, a relocation, or a shift in the child’s needs. Courts don’t modify orders casually, so the threshold matters. An attorney can help you evaluate whether your situation qualifies.

Will My Case Go to Court?

Many family law matters resolve through negotiation or mediation without ever reaching a courtroom. If they don’t, the firm is fully prepared to litigate. Michael’s courtroom experience across both family and criminal matters means you won’t need to find different representation if litigation becomes necessary.

What If the Other Parent Isn’t Following a Custody or Visitation Order?

Enforcement actions are available through the court. Violations of custody or visitation orders can be addressed through contempt proceedings or modification requests, depending on the circumstances. The firm can assist with enforcing existing orders and pursuing the appropriate legal action.

Additional Resources

If you need help with a family law matter in White Plains, NY, contact The Law Offices of Michael J. Borrelli, P.L.L.C. today at (914) 928-2766 for a free, confidential consultation.

Proven Case Results

  • Not Guilty People v. AK (2022)
    Not Guilty People v. AK (2022)

    Jury Trial not guilty verdict DWI - Vehicle and Traffic Law 1192(3) - also won DMV Refusal Hearing 

  • Successfully Supressed People v. PN (2023)
    Successfully Supressed People v. PN (2023)

    Successfully suppressed the .22 blood results after hearings on an Aggravated DWI arrest.

  • Not Guilty People v. NP (2023)
    Not Guilty People v. NP (2023)

    Jury Trial not guilty verdict DWI - Vehicle and Traffic Law 1192(3)

  • Not Guilty People v. CA (2024)
    Not Guilty People v. CA (2024)

    Jury Trial not guilty verdict Sex Abuse in the Second Degree.

  • Charges Dismissed People v. EA (2024)
    Charges Dismissed People v. EA (2024)

    (Cortlandt Town Court) DWI charges dismissed by Court after successful Speedy Trial and Discovery Violation Motion

  • Charges Dismissed People v. KA (2024)
    Charges Dismissed People v. KA (2024)

    Stalking charges dismissed by Court after successful Speedy Trial and Discovery Violation Motion

  • Not Guilty People v. EB (2025)
    Not Guilty People v. EB (2025)

    Non-Jury Trial – not guilty verdict on DWI .22 BAC

  • Not Guilty People v. NO (2025)
    Not Guilty People v. NO (2025)

    (Rye Town Court) Non-Jury-Trial: not guilty verdict on DWI with substantial medical evidence in favor of the client.

  • Not Guilty People v. MC (2025)
    Not Guilty People v. MC (2025)

    (Mamaroneck Village Court) Not Guilty Verdict on Non-Jury Trial DWI charge

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