New York Contested Divorce Lawyers Share What You Need to Know in a Contested Divorce
You and your spouse have decided to end your marriage. You thought you’d agreed on everything—the house, the kids’ schedules, even who gets the family dog. But suddenly, your soon-to-be ex is disputing the division of your retirement accounts, demanding more parenting time, and insisting on keeping the house you bought together. Just like that, your “simple” divorce has turned into a contested battleground.
If this scenario sounds all too familiar, you’re not alone. Many New York couples find themselves thrust into the complex world of contested divorces each year. It’s a journey that can leave you feeling overwhelmed, confused, and unsure of what steps to take next. In this blog, the compassionate contested divorce lawyers at Hedayati Law Group P.C. share what you need to know about a contested divorce in NY – empowering you with knowledge to face the challenges ahead.
What Is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more key issues related to ending your marriage. These disagreements can involve various aspects, including:
- Division of assets and debts
- Child custody and visitation rights
- Child support
- Spousal maintenance (alimony)
Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce requires more time, effort, and often, legal intervention to resolve disputes.
The Contested Divorce Process in New York
Understanding the steps involved in a contested divorce can help you prepare for what’s ahead. Here’s how the process typically unfolds:
1. Starting the Divorce Process
The first step in a contested divorce is for one spouse to formally request a divorce by filing a petition with the court. This document not only initiates the legal proceedings but also outlines the reasons for seeking the divorce and specifies the outcomes the filer hopes to achieve, such as asset division, custody, and support.
2. Serving the Divorce Papers
Once the petition is filed, it’s necessary to officially notify your spouse by serving them with the divorce papers. This step is crucial, as it legally informs your spouse about the divorce and gives them a limited time to respond—20 days if they live in New York or 30 days if they are out of state.
3. Responding to the Petition
Your spouse must formally respond to the divorce petition within the specified timeframe. This response will either agree with the terms you’ve proposed or challenge them. If there’s any disagreement, the divorce moves into contested territory, requiring further legal intervention.
4. Preliminary Conference
After a judge is assigned to your case, both you and your spouse will attend a preliminary conference. This early meeting allows the court to identify the contested issues, set a timeline for the case, and encourage both parties to consider potential resolutions before the case progresses.
5. Request for Judicial Intervention (RJI)
If initial negotiations don’t lead to an agreement, either party can file a Request for Judicial Intervention (RJI). This formal request places the case under the court’s direct supervision, ensuring that all deadlines are met and disputes are managed effectively.
6. Discovery Phase
During the discovery phase, both spouses must share detailed information that will be critical to resolving the divorce. This includes exchanging financial records, property valuations, and other relevant documents to ensure that all assets and liabilities are accounted for in any final decisions.
7. Settlement Negotiations
Before proceeding to trial, the court will encourage both sides to negotiate a settlement. Whether through direct discussions, mediation, or arbitration, the goal is to resolve as many disputes as possible without resorting to a lengthy trial.
8. Trial
If settlement efforts fail, the case will go to trial. During the trial, both spouses will present evidence and arguments related to the contested issues. The judge will then make the final decisions on all unresolved matters, including asset division, custody, and support.
9. Final Judgment of Divorce
Once the trial is completed, the judge will issue a final judgment of divorce. This legal decree not only ends your marriage but also sets out the terms for how assets will be divided, how custody will be arranged, and what support will be provided, if any.
Issues in a Contested Divorce
As you work through a contested divorce, you’ll face several important issues that need your attention. Getting a handle on these key issues will make it easier to navigate the challenges ahead, starting with how your property will be divided.
Property Division
New York follows the principle of equitable distribution, which means marital property is divided fairly, but not necessarily equally. You’ll need to identify all marital assets and debts, which can include:
- Real estate
- Retirement accounts
- Investments
- Business interests
- Personal property
This is why gathering comprehensive documentation for all assets and debts is essential to ensuring that you receive a fair and just division of property.
Child Custody and Support
If you have children, determining custody arrangements and support obligations will be a significant part of your divorce proceedings. New York courts prioritize the best interests of the child when making these decisions. Factors considered include:
- Each parent’s ability to care for the child
- The child’s relationship with each parent
- Each parent’s work schedule and living situation
- The child’s preferences (if they’re old enough)
Child support is calculated based on a formula that considers both parents’ incomes and the number of children involved.
Spousal Maintenance
Spousal maintenance, also known as alimony, may be awarded in some cases. The court considers various factors when determining whether to award maintenance and in what amount, including:
- The length of the marriage
- Each spouse’s income and earning capacity
- The standard of living established during the marriage
- Each spouse’s health and age
The Importance of Legal Representation
Facing a contested divorce can be overwhelming, and having an experienced attorney by your side can make a significant difference in the outcome of your case. A skilled contested divorce lawyer doesn’t just understand the law—they also know how to protect your rights, manage the complexities of your case, and advocate for your best interests both inside and outside the courtroom. Here’s how effective legal representation can support you:
- Safeguard your rights: Ensuring your interests are protected throughout the divorce process.
- Simplify complex procedures: Helping you comprehend and handle the legal intricacies with confidence.
- Negotiate effectively: Striving to achieve the best possible settlement on your behalf.
- Stand by you in court: Providing strong representation if your case proceeds to trial.
Your attorney’s knowledge of New York divorce laws and familiarity with the local court system can offer the guidance and support you need to get through this challenging process. While your lawyer plays a crucial role, staying actively involved and informed will also help you through this difficult time.
Strategies for Managing a Contested Divorce
To help you stay on track, consider these practical strategies for managing the many challenges of a contested divorce:
- Stay organized: Keep detailed records of all financial documents, communications, and court-related documents. An organized approach will help you and your attorney stay on top of deadlines and important details.
- Clarify your priorities: Understand what you are willing to fight for and what you can compromise on. This helps in making strategic decisions during negotiations or court proceedings.
- Prepare for court appearances: Work closely with your attorney to ensure you are well-prepared for any hearings or trials. This includes gathering strong evidence, understanding court procedures, and practicing your testimony.
- Lean on professional support: In addition to your attorney, consider involving a financial advisor, a therapist, or other professionals who can provide guidance and support through the legal and emotional complexities of the process.
- Focus on self-care: The stress of a contested divorce can take a toll on your health. Make sure to set aside time for activities that help you manage stress, stay healthy, and keep a clear mind during this challenging time.
Facing a contested divorce in New York is undoubtedly one of life’s most challenging experiences. But armed with knowledge and the right legal support, you’re better equipped to handle what lies ahead. Remember, each step you take—from understanding property division to considering child custody arrangements—brings you closer to resolution. While the process may test your patience and resilience, it also offers an opportunity for growth and a fresh start.
As you move forward, stay committed to your priorities, approach negotiations with a clear mind, and never underestimate the power of seeking support, both legal and emotional. This challenging chapter in your life won’t last forever, and with the right approach, you can emerge stronger and ready for your next chapter.
Don’t Face Your Contested Divorce Alone
Are you grappling with the complexities of a contested divorce in New York? You don’t have to navigate this challenging journey by yourself. At Hedayati Law Group, a trusted New York divorce law firm, our team of experienced divorce attorneys is ready to stand by your side.
With over 150 years of combined experience, we understand that every divorce is unique. Our contested divorce lawyers are committed to listening carefully to your needs and developing a comprehensive legal strategy tailored to your specific situation. Whether your case involves spousal support, property division, child custody, or child support, we have the experience to guide you through each step of the process.
Take the first step towards protecting your rights and securing your future. Contact Hedayati Law Group today for a confidential consultation. Let us put our passion, dedication, and unmatched experience to work for you. Remember, with the right legal support, you can emerge from this challenging time stronger and ready for your next chapter.
Call us now at (516) 334-4100 or complete our confidential online form to schedule your complimentary consultation. Your path to resolution starts here.
Hedayati Law Group ~ We Fight for You with Over 150 Years of Combined, Unmatched Experience
Copyright © 2024. Hedayati Law Group, P.C. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Hedayati Law Group, P.C.
666 Old Country Road, Suite 444
Garden City, New York 11530
(516) 334-4100
https://www.hedayatilaw.com/
September 15, 2024 – Al Hedayati, Esq.