Are you battling a contested divorce and feeling overwhelmed by the legal complexities? Do you worry about safeguarding your rights, guaranteeing a fair division of assets, and establishing the possible child custody and support arrangement? During this trying time, let The Law Offices Of SRIS, P.C. be your guide.
Don’t let the legal system’s intricacies get in the way of your future. Allow The Law Offices of SRIS, P.C. to be your advocates in court and at your side every step of the process. Please continue reading to see how our legal experience can significantly impact your contested divorce.
The couples contest the divorce terms when they cannot agree on them. It can include child custody, child support, alimony, asset partition, and debt. A disputed divorce requires couples to go to court to settle their disputes. A divorce may become contested for a variety of reasons. Among the most common explanations are:
- One partner wishes to divorce, but the other does not.
- The spouses differ on the divorce arrangements, such as who will have custody of the children and how to distribute assets.
- One spouse has engaged in adultery or other marital infidelity.
Importance of Legal Representation in Contested Divorce Cases:
There are many reasons why having legal representation in a contested divorce case is critical. First and foremost, an experienced divorce lawyer will be familiar with the law and can advise you on your rights and options. Second, an attorney from The Law Offices Of SRIS, P.C. can assist you in gathering evidence to support your case. Financial documents, medical records, and witness statements are examples of evidence. Finally, an attorney can represent you in court and advocate for your interests, primarily if a lawyer represents the other spouse.
Here are some of the benefits of having legal representation in a contested divorce:
- You will have someone to advocate for your rights and interests. Your lawyer will be familiar with the law and will be able to help you understand your rights and options. They will also be able to advocate for your interests in court.
- You will have someone to help you gather evidence. Your lawyer can assist you in gathering financial documents, medical records, and witness statements to support your case. This evidence can be critical in helping you get the possible outcome of your divorce.
- You will have someone to help you navigate the law process. The dissolution process can be complex and confusing. Your lawyer can guide you through the process and ensure you take the necessary steps.
- You will have someone to represent you in court. If your case goes to court, your lawyer will represent and advocate for your interests. It can be essential if a lawyer represents the other spouse.
In a contested divorce, having legal counsel can significantly impact how things turn out. Your lawyer’s experience and support can help you protect your rights, secure a fair division of assets, and ensure the possible arrangement for child custody and support.
How to Find a Knowledgeable Divorce Lawyer:
Choosing a qualified divorce lawyer is critical if you are considering divorce. Here are some pointers for locating a divorce attorney:
- Request recommendations from friends, family, and coworkers. Ask those you know who have recently divorced for guidance on a top attorney.
- Before making a selection, consult with various attorneys. It will allow you to get to know the lawyers and determine whether they suit you.
- Check to see if the lawyer has experience with contested divorces. You should ensure that the lawyer you pick has handled disputed divorce cases.
- Make sure the lawyer is a good communicator. You need to be able to communicate effectively with your lawyer. Ensure that the lawyer you hire is a good communicator and that you feel comfortable talking to them.
Contested Divorce Grounds in New York:
In New York, there are two grounds for contested divorce:
- Irretrievable breakdown of the marriage: It denotes an irreparable breakdown of the wedding with no realistic chance of reconciliation.
- Fault-based grounds: These include adultery, abandonment, inhuman treatment, and drug or alcohol abuse.
If the spouses can agree on all the divorce terms, they can file for an uncontested divorce. However, they must file for a contested divorce if they cannot agree on one or more words. If the spouses cannot agree on the terms of their divorce, they will need to go to court to resolve their differences. The court will decide on the divorce terms based on the evidence presented by the spouses.
The Significant Differences Between Contested and Uncontested Divorce:
There are many significant differences between contested and uncontested divorce. Some of the most important differences include:
- Length of time: Contested divorces typically take longer than uncontested divorces. It is because the spouses must go through the discovery process, which involves exchanging information and documents. They may also need to go to mediation or a trial.
- Cost: Contested divorces typically cost more than uncontested divorces. It is because the spouses must hire lawyers and pay court expenses.
- Control: In an uncontested divorce, the spouses have more control over the process. To avoid going to court, they might agree on the conditions of their divorce. The court will decide the divorce in a contested divorce.
- Emotional toll: Contested divorces can be more emotionally taxing than uncontested divorces. It is because the spouses may be more adversarial and may have to relive the pain of their separation or divorce.
Some of the most common issues that lead to contested divorces include:
- Child custody is often the most contested issue in a divorce. The spouses may disagree on who should have primary control of the children, how much visitation the other parent should have, and where the children should live.
- Asset allocation: The spouses may disagree on dividing their assets, including their homes, cars, retirement accounts, and investments.
- Debts: The spouses may disagree on who is responsible for repaying debts incurred during the marriage.
- Alimony is the financial support one spouse provides to the other after the divorce. The spouses may argue about the amount of maintenance to pay, the length of time to pay it for, and whether to make it temporary or permanent.
If you are considering filing for divorce, you must speak with an attorney to discuss your options. A contested divorce lawyer in New York can help you determine whether your divorce will likely be contested and advise you on the way to proceed.
New York Equitable Distribution Statutes:
Equitable distribution laws govern the division of assets and debts in a divorce in New York. It means the court will divide the assets and debts fairly but not equally. When making this decision, the court will consider several factors, including:
- The length of the marriage
- Each spouse’s financial contributions
- Each spouse’s earning potential
- The needs of any dependent children
- The tax implications of the separation
If you are going through a divorce in New York, it is essential to understand equitable distribution laws. A lawyer from The Law Offices Of SRIS, P.C. can help you understand these laws and represent you in court if necessary.
Identifying Marital vs. Separate Property:
In New York, marital property includes all property obtained during the marriage by either spouse, regardless of who paid for it. Separate property consists of all property possessed by either spouse before the wedding or received as a gift or inheritance after the marriage.
In a divorce, it is critical to distinguish between marital and separate property because the split of these assets will differ. The court will award individual property to the owning spouse, but it will divide marital property evenly.
How Can a Lawyer Help You Get the Most Out of Your Share?
A lawyer from The Law Offices Of SRIS, P.C., can assist you in maximizing your share of the assets and obligations in a divorce. A contested divorce lawyer in New York can help you identify the marital and separate property and negotiate with the other spouse or their lawyer to achieve the possible outcome for you. We can also help you comprehend New York’s equitable distribution regulations and represent you in court if necessary. If you are considering hiring a lawyer, make sure they are experienced in divorce law and can assist you in achieving your goals.
In a contested divorce trial, you can expect the following:
In a contested divorce trial, the spouses go before the court with their facts and arguments to settle their differences. Preparing for the trial process is crucial because it can draw out and complicate things.
During a contested divorce trial, you can anticipate the following things:
- Opening remarks: In their opening statement, each spouse can present their case to the judge.
- Direct investigation: Each spouse will receive separate calls for testimony. Their attorney will interrogate them regarding their marriage, desire for divorce, and financial situation.
- Cross-examination: The other spouse’s lawyer will then have an opportunity to cross-examine each spouse. They will ask questions about the spouse’s testimony to challenge their credibility.
- Hearing witnesses: The spouses may also call other witnesses to testify. These witnesses could be friends or family members.
- Closing arguments: Each spouse’s lawyer will have an opportunity to make a closing argument, summarizing their case and asking the judge to rule in their favor.
Importance of Proper Courtroom Etiquette:
Proper courtroom etiquette is essential during a contested divorce trial. It means respecting the judge, the other spouse, and the witnesses. It also means following the judge’s instructions and refraining from making disruptive or disrespectful statements.
Here are some of the things you should do to maintain proper courtroom etiquette during a contested divorce trial:
- Dress appropriately: It means wearing neat and clean professional attire.
- Be on time: Arriving late for court disrespects the judge and the other parties involved.
- Be respectful of the judge: It means addressing the judge as “Your Honor” and following their instructions.
- Be respectful of the other spouse: Avoid personal attacks or derogatory statements.
- Be respectful of the witnesses: Listen to their testimony attentively and refrain from interrupting them.
Effective Case Presentation:
Being organized to effectively present your position during a contested dissolution trial is crucial. It entails gathering all relevant information, planning your strategy, and honing your testimony.
Here are some pointers on how to adequately explain your case:
- Be concise and clear: The judge must be able to grasp your reasons, so make sure your presentation is clear and concise.
- Be persuading: Your goal is to convince the judge that your side of the story is correct, so make sure your arguments are compelling.
- Prepare to respond to queries: You should expect to be cross-examined by the other spouse’s counsel, so be prepared to answer their questions.
- Maintain a professional demeanor: This includes wearing appropriate attire, respecting the court and the other parties involved in the case, and refraining from making personal attacks.
Preparing for the trial process is essential if you are going through a contested divorce. Understanding what to expect and following proper courtroom etiquette can increase your chances of presenting your case effectively and getting the desired outcome.
Changes to Custody or Support Orders:
Following a divorce, one or both parents may need to change the custody or support arrangements that were originally issued. It could be because of a change in circumstances, such as a job loss, a new marriage, or a change in the child’s demands.
You must file a motion with the court to change a custody or support order. The action should state why you are requesting the modification and how the change in circumstances has affected your ability to comply with the original order. You must also offer evidence to support your request, such as financial documents or educational records.
After reviewing your motion, the court will decide whether or not to grant the adjustment. If the court gives the amendment, the new order will supersede the original order.
Enforcing Court Decisions:
If one parent fails to comply with a court order, the other parent may be required to enforce the order. It could entail filing a contempt motion with the court, which asks the court to order the non-compliant parent to comply with the order.
To bring a contempt motion, you must demonstrate that the other parent fails to comply with the order and that the failure is willful. You must also provide proof of your claim, such as text messages, emails, or witness testimony.
Following that, the court will consider your motion and decide whether or not to hold the non-compliant parent in contempt. If the court deems the parent in contempt, it may order the parent to pay fines, serve jail time, or obey the order.
The Need for Legal Assistance in Post-Divorce Matters:
You should get legal counsel if you are involved in a post-divorce conflict. A lawyer, like The Law Offices Of SRIS, P.C., can assist you in understanding your rights and options and, if required, represent you in court.
If you want to change a custody or support order, a lawyer can help you file the proper papers and present your case in court. If you violate a court order, a lawyer can assist you in filing a contempt motion and enforcing the order. If you are involved in a post-divorce conflict, you should get legal counsel as quickly as possible. A lawyer can assist in obtaining a favorable conclusion and protecting your rights.
Managing Private Information During Divorce:
Divorce may be an extremely emotional and stressful experience. It is critical to safeguard your privacy and reputation during this period, especially if children are involved.
Here are some pointers for dealing with sensitive information during a divorce:
- Be cautious about posting online: Your ex-spouse, their family, and your friends could see anything you put on social media. Be careful about disclosing information about your divorce, finances, or children.
- Keep financial information private: Don’t give your ex-spouse or anyone who might provide them with information about your bank accounts, credit card details, and tax returns.
- Keep your personal life private: Do not discuss your divorce with friends, relatives, or the workplace. Your ex-spouse could pass on this information and use it against you in court.
- Consider hiring an attorney: A lawyer can help you safeguard your reputation and privacy during a divorce. They can advise on what information to provide and how to protect sensitive data.
Maintaining Discretion in the Digital Age:
If you are going through a divorce, you should be cautious about what you post online. Here are some pointers for remaining discreet in the digital age:
- Configure your privacy settings: You can restrict who sees your posts on most social networking platforms. Ensure you set your privacy settings so only your friends and family can see your postings.
- When you post, be aware of who can view it: Do not tag your ex-spouse if you do not want them to view a post.
- Be mindful of what you say: Consider who might view anything before posting it online. If you are trying to decide whether or not to share something, it is preferable to err on the side of caution and refrain from doing so.
Don’t let a contested divorce become an endless battle that saps your energy, emotions, and cash. With The Law Offices Of SRIS, P.C. on your side, you can confidently navigate the legal maze. Our knowledge of New York divorce laws and years of experience resolving complex divorce cases will be available to you.