Contested Divorce in New York State: Protecting Your Future

As of December 2025, the following information applies. In New York, contested divorce involves spouses unable to agree on terms like asset division, child custody, or support. This process typically requires court intervention to resolve disputes. The Law Offices Of SRIS, P.C. provides dedicated legal representation for these matters.

Confirmed by Law Offices Of SRIS, P.C.

What is a Contested Divorce in New York State?

Picture this: you and your spouse are ending your marriage, but you just can’t see eye-to-eye on the big stuff. Maybe it’s who gets the house, how much child support will be paid, or even how often you’ll see your kids. When these disagreements turn into sticking points, and you can’t work them out yourselves, that’s what we call a contested divorce in New York State. It means a judge, not just the two of you, will likely need to step in and make some decisions. It’s not about proving who’s right or wrong in the marriage itself, but rather getting the court to untangle the financial and parental ties when you can’t come to an agreement.

Takeaway Summary: A contested divorce in New York is when divorcing spouses can’t agree on key issues, requiring court intervention to resolve their disputes. (Confirmed by Law Offices Of SRIS, P.C.)

Ending a marriage is tough enough, even when both parties agree on everything. When you’re facing a contested divorce in New York, it adds a whole new layer of stress, uncertainty, and emotional toll. You’re probably feeling overwhelmed, maybe even scared about what the future holds for you and your children. Will you lose everything you’ve worked for? How will your children cope? These are completely normal worries, and it’s okay to acknowledge them. The good news? You don’t have to face this alone. With the right legal support, you can gain clarity, understand your options, and work towards a resolution that protects your interests and helps you move forward with confidence.

A contested divorce isn’t just a legal battle; it’s a deeply personal journey filled with significant decisions that will shape your life for years to come. From dividing assets and debts to determining child custody and support, every aspect can feel like an uphill climb when disagreements persist. In New York, the process can become particularly complex, demanding a comprehensive understanding of state laws and a strategic approach to advocacy. That’s why having an experienced New York divorce lawyer near you is so important. Someone who understands the nuances of New York family law and can stand by your side, fighting for a fair outcome.

The state of New York operates under a no-fault divorce system. This means you don’t need to prove that one spouse was “at fault” for the marriage ending. The most common ground for divorce is that the marriage has been “irretrievably broken for a period of at least six months.” While this simplifies the initial filing, it doesn’t make the process of settling disputes any easier. When spouses can’t agree on core issues, the “no-fault” aspect simply means the court can grant a divorce even if one party doesn’t want it, but all the other issues still need to be addressed and resolved. Think of it like this: the court agrees the marriage is over, but now it needs to decide how to neatly separate two lives that have been intertwined for years.

The key areas of dispute in a contested divorce typically include:

• Equitable Distribution of Marital Property: This doesn’t necessarily mean a 50/50 split. New York courts aim for a fair, rather than equal, division of assets and debts acquired during the marriage. This can include homes, retirement accounts, businesses, and even professional licenses.
• Child Custody and Visitation: Determining where children will live (physical custody) and who makes major decisions about their upbringing (legal custody). The court’s primary focus here is always the “best interests of the child.”
• Child Support: Financial contributions from one parent to the other for the support of the children. New York has specific guidelines, but deviations can occur based on various factors.
• Spousal Maintenance (Alimony): Financial support paid by one spouse to the other, either for a set period or indefinitely, to help the receiving spouse become financially independent.
• Attorneys’ Fees: Who pays for the legal costs associated with the divorce.

Each of these areas can become a battleground, especially in high-conflict divorce New York situations, where emotions run high, and communication breaks down. That’s why having a seasoned New York divorce lawyer near you isn’t just a convenience; it’s a necessity. They can provide an objective perspective, negotiate on your behalf, and represent your interests vigorously in court if needed.

How to Approach a Contested Divorce in New York State?

Approaching a contested divorce can feel like stepping into a dense fog without a map. But there’s a process, and understanding each step can bring much-needed clarity. It’s about being prepared, gathering your facts, and having a plan. Here’s a general roadmap for handling a contested divorce in New York:

1. Filing the Summons with Notice or Summons and Verified Complaint:

   This is where it officially begins. One spouse, the “plaintiff,” files a document with the court that basically says, “I want a divorce.” It includes grounds for the divorce, typically “irretrievable breakdown.” The other spouse, the “defendant,” is then served with these papers. This is not the time to be vague; precision matters here.

2. Responding to the Complaint:

   Once served, the defendant has a limited time (usually 20 or 30 days) to respond. They can agree to the divorce and certain terms, or, more commonly in a contested divorce, they will file a “Verified Answer” that disputes some or all of the plaintiff’s requests. This sets the stage for negotiations and potential litigation.

3. Discovery and Information Gathering:

   This is often the longest phase. Both sides exchange vast amounts of financial information and documents. Think bank statements, tax returns, pay stubs, retirement account statements, property deeds, and business valuations. This ensures transparency and helps both parties and the court understand the full marital estate. It’s also where information about child-rearing practices, health, and education might be exchanged. Blunt Truth: Honesty here is paramount; hiding assets or income will only complicate things and likely result in severe penalties.

4. Temporary Orders (Motions for Pendente Lite Relief):

   During the divorce process, it’s common for one spouse to request temporary orders from the court. These “pendente lite” orders cover immediate needs, like temporary child support, spousal maintenance, or exclusive use of the marital home, until a final agreement or court order is reached. These orders are designed to maintain some stability during the proceedings.

5. Negotiation and Settlement Discussions:

   Even in a contested divorce, the goal is often to reach a settlement outside of a full trial. This can involve direct negotiations between attorneys, mediation (where a neutral third party helps facilitate discussions), or collaborative law (a process where both parties and their attorneys commit to resolving issues without court intervention). A significant portion of contested divorces eventually settle before trial.

6. Pre-Trial Conferences and Court Intervention:

   If a settlement can’t be reached, the court will get more involved. There will be pre-trial conferences where the judge tries to narrow down the issues and encourage settlement. The judge might also set schedules for the upcoming trial.

7. Trial:

   If all else fails, the case proceeds to trial. Both attorneys present evidence, call witnesses, and make arguments to the judge. The judge then makes the final decisions on all unresolved issues, including equitable distribution, custody, and support. This is typically the most expensive and emotionally draining part of the process.

8. Judgment of Divorce:

   Once all issues are resolved, either by agreement or by court order, a formal “Judgment of Divorce” is signed by the judge. This document legally ends the marriage and outlines all the terms of the divorce. It’s the final, binding order.

Every contested divorce is unique, with its own set of facts, emotions, and legal hurdles. Having a dedicated contested divorce attorney NY on your side means you’ll have guidance through each of these steps, ensuring your rights are protected and your voice is heard. Don’t underestimate the power of preparation and seasoned legal advocacy in this process.

Can I Protect My Assets in a High-Conflict Divorce in New York?

Absolutely, protecting your assets is often a top priority and a major source of concern in a high-conflict divorce. When emotions run hot, and communication has broken down, it’s not uncommon for spouses to try to hide assets, undervalue property, or make unreasonable demands. This creates a deeply worrying situation for anyone involved. The idea of losing what you’ve worked hard for can be terrifying, particularly when you feel your soon-to-be ex-spouse is acting in bad faith. Rest assured, New York law provides mechanisms to safeguard your financial future, but it requires diligent legal representation and a proactive strategy.

In New York, the principle of “equitable distribution” governs how marital assets and debts are divided. Remember, equitable doesn’t mean equal; it means fair. The court considers a wide range of factors to determine what’s fair, including the length of the marriage, the age and health of each spouse, their income and earning potential, contributions to the marriage (both financial and non-financial), and even wasteful dissipation of assets by either party. A high-conflict divorce attorney New York can help present your case effectively, ensuring all relevant factors are considered to protect what’s rightfully yours.

Here’s how an experienced legal team can help you protect your assets:

• Thorough Financial Discovery: This is a deep dive into all financial records. It includes reviewing bank accounts, investment portfolios, retirement funds, real estate holdings, business interests, and any other assets or debts. The goal is to uncover everything and ensure no assets are hidden or undervalued. Your attorney will use legal tools like interrogatories, demands for documents, and depositions to get a complete picture.
• Asset Tracing and Valuation: For more complex assets, such as businesses, professional practices, or extensive investment portfolios, forensic accountants and other financial Experienced professionals may be brought in. They can trace funds, value businesses, and expose attempts to conceal wealth. This is especially important in high-conflict situations where one spouse might try to manipulate financial records.
• Identifying Separate Property: Assets acquired before the marriage, or inherited/received as a gift solely by one spouse during the marriage, are generally considered “separate property” and are not subject to equitable distribution. However, these assets can become commingled with marital property over time, making clear identification challenging. Your legal team will work to meticulously identify and protect your separate property.
• Protecting Retirement Accounts: Retirement accounts like 401(k)s, IRAs, and pensions are often significant marital assets. Dividing them requires specific legal instruments, such as Qualified Domestic Relations Orders (QDROs), to ensure proper transfer without incurring premature tax penalties.
• Preventing Asset Dissipation: If you suspect your spouse is intentionally wasting assets, making large unnecessary purchases, or giving away property to reduce the marital estate, your attorney can seek court orders to prevent this. This might involve freezing accounts or issuing injunctions.
• Strategic Negotiation: Even in a high-conflict divorce, skillful negotiation can lead to a more favorable asset division. An attorney can present strong arguments based on financial data and legal precedents, advocating for your interests while avoiding the full cost and stress of a trial.
• Litigation if Necessary: If negotiations fail and your spouse remains uncooperative or attempts to unfairly diminish your share, going to court may be the only way. An assertive contested divorce attorney NY will be prepared to litigate fiercely on your behalf, presenting compelling evidence to the judge to ensure an equitable outcome.

The bottom line is this: a high-conflict divorce doesn’t automatically mean you’ll lose your assets. It means you need to be exceptionally well-represented and proactive. Don’t let fear paralyze you; take action to safeguard your financial stability. A confidential case review with a New York divorce lawyer near you can help you understand the specific steps you need to take to protect your assets effectively.

Why Hire Law Offices Of SRIS, P.C. for Your Contested Divorce in New York?

When you’re facing a contested divorce, it’s more than just a legal procedure; it’s one of the most stressful experiences you might ever go through. You’re probably looking for someone who gets it, someone who can cut through the legal jargon and give you the real talk, while also having the legal chops to fight for you. That’s precisely where the Law Offices Of SRIS, P.C. comes in. We understand the emotional upheaval and the profound impact these decisions have on your life. Our approach is built on a foundation of empathy, direct communication, and a relentless pursuit of fair outcomes for our clients.

Mr. Sris, the firm’s founder, brings a wealth of seasoned experience and a unique perspective to complex family law matters. As he puts it: “My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face.” This insight isn’t just a statement; it’s the guiding principle behind how we represent individuals grappling with the difficulties of a contested divorce in New York. His dedication to personalized attention in challenging cases means your situation won’t be treated as just another file, but as a unique human story deserving of focused, strategic advocacy.

Our team understands that a contested divorce attorney NY needs to be more than just knowledgeable about the law. They need to be a strategic partner, a fierce advocate, and a source of reassurance during one of life’s most challenging chapters. We prioritize understanding your specific goals and concerns, then craft a legal strategy tailored to achieve the best possible results. Whether it’s preserving your relationship with your children, protecting your financial future, or ensuring a fair division of marital assets, we are committed to representing your interests vigorously.

The Law Offices Of SRIS, P.C. has a strong track record of representing clients in high-conflict divorce New York cases. We know the local court systems, we understand the tendencies of local judges, and we are prepared for every contingency. We will meticulously prepare your case, gather all necessary evidence, and advocate powerfully on your behalf, whether through negotiation or, if necessary, in the courtroom. We are not afraid to take on tough cases and stand up for our clients’ rights.

Choosing the right legal representation can make all the difference in the outcome of your contested divorce. It’s about finding someone you can trust, someone who will explain things clearly, and someone who will genuinely fight for your future. At the Law Offices Of SRIS, P.C., you’ll find that dedicated support. We are here to help you move from fear to clarity, and ultimately, to a hopeful new beginning.

If you’re in New York and facing a contested divorce, don’t wait to get the legal help you need. We have a location in Buffalo to serve you directly:

Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY, 14202, US
Phone: +1-838-292-0003

Call now for a confidential case review.

Frequently Asked Questions About Contested Divorce in New York

What are the primary grounds for a contested divorce in New York?

In New York, the most common ground is that the marriage has been “irretrievably broken for a period of at least six months.” While fault grounds exist, this no-fault option simplifies the initial filing, allowing focus on resolving financial and custody disputes.

How long does a contested divorce typically take in New York?

The duration varies greatly depending on the complexity of issues and willingness of both parties to compromise. Simple cases might resolve in under a year, but high-conflict or financially complex divorces can extend for several years, especially if a trial is needed.

What is “equitable distribution” in New York divorce law?

Equitable distribution means marital property and debt are divided fairly, but not necessarily equally. The court considers many factors, including each spouse’s contributions and future earning capacity, to determine a just division of assets acquired during the marriage.

Can I get spousal maintenance (alimony) in a New York contested divorce?

Yes, spousal maintenance, sometimes called alimony, can be awarded. New York uses formulas to determine temporary maintenance during the divorce and advisory guidelines for post-divorce maintenance. The court considers factors like income, duration of marriage, and health.

How is child custody decided in a high-conflict New York divorce?

New York courts prioritize the “best interests of the child.” In high-conflict cases, judges often look at parental fitness, stability, and the child’s wishes (if old enough). They may order forensic evaluations or appoint an attorney for the child.

What if my spouse hides assets during a New York contested divorce?

Hiding assets is taken very seriously. Your attorney can use discovery tools, including subpoenas and forensic accountants, to uncover hidden wealth. Courts can impose severe penalties, including awarding a larger share of marital property to the non-hiding spouse.

Do I need a contested divorce attorney NY if we can’t agree on everything?

Yes, absolutely. Even if you agree on some things, unresolved disputes require legal advocacy. An experienced contested divorce attorney in NY can protect your rights, negotiate on your behalf, and represent you effectively in court if a settlement isn’t reached.

What is the difference between marital and separate property in New York?

Marital property is generally everything acquired by either spouse during the marriage. Separate property is owned before marriage, inherited, or received as a gift to one spouse only. It’s crucial to distinguish between the two for equitable distribution.

Can a prenuptial agreement impact a contested divorce in New York?

Yes, a valid prenuptial agreement can significantly simplify a contested divorce by dictating how assets and support are handled. However, if the prenup itself is challenged, it can add another layer of complexity to the divorce proceedings.

What support is available for emotional stress during a New York contested divorce?

Beyond legal counsel, consider seeking support from therapists, counselors, or support groups specializing in divorce. While your attorney focuses on legal outcomes, emotional well-being is vital. Many find combining legal and emotional support beneficial during this challenging time.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

Past results do not predict future outcomes.