When you and your spouse have serious disagreements about the terms of your divorce, it is often necessary to seek legal help from a contested divorce lawyer. These cases are typically more emotional and complicated than uncontested ones. A contested divorce can result in costly and long-lasting effects, so it is important to get the best legal representation you can afford.
A contested divorce is the process in which you and your spouse are unable to reach an agreement on some of the essential aspects of your divorce, such as custody or spousal support. These are the issues that will determine the outcome of your case and are crucial to your overall well-being. If you need assistance in obtaining a fair and equitable outcome for your divorce, contact an experienced New York divorce attorney today!
When couples are able to come to an agreement on important issues such as the distribution of property, child custody, and child support, the process for a contested divorce can be relatively simple. In most states, divorce mediation is a voluntary process where a neutral third-party facilitates communication between the spouses in the hopes of reaching an agreement. However, if it is impossible to agree on these matters, the process moves on to litigation.
The New York State Courts have established a legal formula for the division of property and other assets during divorces called equitable distribution. This means that the courts take into account the length of the marriage, the age and health of the parties, the standard of living they enjoyed during the marriage, their income and earning capacity, and the value of their assets.
Many spouses in New York do not agree on how their assets should be split, which is why it is so important to have a competent lawyer on your side during this time.
Typically, a contested divorce takes between nine and twelve months to resolve. This is a relatively long time to spend in court, so it is important to work with an experienced divorce attorney as soon as possible.
One of the most common contested divorce topics in New York is how to divide marital property. The amount to be divided largely depends on the parties’ net incomes and the number of children.
A skilled New York contested divorce attorney can help you resolve your issues in this area and make sure that you are compensated for the work you have put into your property.
In the wake of a divorce, navigating through the New York court system can be an overwhelming experience. Whether you’re filing for a divorce with minor children or a significant asset division, it’s important to get the help of an experienced New York family law attorney as soon as possible to ensure that your rights are protected and that you get the results you deserve.
The first step in the New York divorce process is to complete a set of initial divorce forms. These documents will need to be filed at the Supreme Court clerk’s office in the county in which you and your spouse live.
Depending on the type of divorce you’re pursuing, you’ll need to file additional forms in addition to the initial paperwork. You can find all of the necessary forms on the New York courts’ website.
When a divorce becomes contested, the parties must undergo a process known as discovery. This is where they each provide the other with their financial information, employment records, and any other documentation that could impact the outcome of the divorce.
This information can be used in depositions and at trial as evidence.
A skilled contested divorce lawyer can use this information to help you and your ex-spouse reach an equitable resolution on all key issues of your divorce. A reputable NY contested divorce lawyer will be able to protect your interests and your rights at every stage of the process, from mediation to settlement negotiations to litigation in front of a judge.
If your spouse refuses to agree on a specific divorce settlement, a contested case is inevitable. The court will have to make decisions on your behalf, including child custody, child support, spousal support (alimony), and how to divide the marital estate.
Getting an early start on the process of preparing for a contested divorce can significantly reduce your time and cost during the proceedings. This includes completing the required paperwork, scheduling your court appearances, and communicating with your lawyer to ensure that all the necessary steps are taken.
The length of your contested divorce case will depend on many factors, but the biggest factor is the amount of time you and your ex-spouse spend gathering evidence. As a result, the most effective way to manage your time and costs is to ensure that all evidence is obtained in a timely fashion.
It is also essential to seek advice from an experienced contested divorce attorney as early as possible in your case. A contested divorce is more complicated and expensive than an uncontested one, so it’s imperative to ensure that your legal rights are protected from the very start.
Once you’ve met with an attorney, you will need to file the necessary paperwork. This can include forms such as the Complaint for Divorce and the Notice of Service, both of which must be served on your spouse. You will then need to wait for a hearing.
If you and your spouse have come to an agreement on most of the issues involved with a divorce (such as property division, child custody and support, alimony), then you can file an uncontested divorce. In an uncontested divorce, you and your spouse can both avoid the expensive and time-consuming process of going to court.
New York is a no-fault state, which means you do not need to establish fault in order to obtain a divorce. You must instead show a family court why you deserve a divorce and that your marriage has irretrievably broken down.
Unless both spouses agree on all of the terms, you will need to have a NY divorce lawyer prepare and file your papers with the court. This requires a significant amount of work, so it is important to choose a divorce lawyer who is well-versed in NY law and divorce procedures.
There are many forms that must be filled out and notarized by the two parties. These include a list of assets owned by each party, debts owed to each party, financial statements and other paperwork that needs to be filed with the court.
Then, you must sign and submit the forms to the court along with the appropriate filing fees. Some counties in New York even allow you to e-file your documents, which is an extremely convenient way of saving time and money.
You may also be able to settle some of the disputed matters by working with a divorce mediator, who acts as an intermediary between the divorcing spouses and the court. The mediation process is often successful at resolving disputes between couples and doesn’t take as long to finalize the divorce as a contested divorce.
It is very important to understand that marital property is considered the entire inventory of properties accumulated during a marriage, including money, cars, houses, collections, furniture, antiques and any other items that have been purchased by either spouse over the course of the marriage. If you have non-marital property, such as inheritances, you may be able to keep these.
However, the judge may still require that the marital property be divided into equal parts. This is called equitable distribution, and the judge will usually evaluate how the assets were acquired and decide what is a fair and reasonable split.
In some cases, a contested divorce may be necessary to protect the interest of your children. If you have children, your New York contested divorce lawyer may be able to establish that the other spouse has neglected your child and will need to provide child support.
Abandonment is another common ground used in a contested divorce. This ground requires that the plaintiff prove that their spouse has left them for at least a year or more. This can mean that they have physically walked out of the home or that they have refused to return.
You can also use the grounds of adultery or infidelity if you can prove that your spouse has done something harmful to you. These grounds are often more complicated than other grounds, and you will need a skilled divorce attorney to defend your interests.
Law Office of Richard Roman Shum, Esq., PLLC
20 Clinton St #5d, New York, NY 10002, United States
(646) 259-3416