How Do Lawyers Resolve Disputes in a Contested Divorce New York State?
A contested divorce occurs in New York when two persons wish to dissolve their marriage but cannot agree on key matters. It can be difficult and emotionally taxing, in deference to an uncontested divorce, where both parties consent to all conditions. Our attorneys can help you with this process since they have the necessary experience. In this blog, we’ll outline the main areas in which our attorneys help in a contested divorce New York State.
Comprehending New York Contested Divorce
- When spouses cannot agree on one or more parts of their divorce, it becomes a contested divorce.
- In a contested divorce, property partition, debt obligations, spousal support (alimony), child custody, and child support are all common topics.
- A contested divorce in New York typically takes longer and is more complicated because it must be settled in court.
- Our attorneys advise clients to anticipate what to expect and help them understand each step in a contested divorce.
Defining the Grounds for Contested Divorce
- Both “no-fault” and “fault-based” reasons for divorce are permitted in New York.
- When one spouse alleges that the marriage has had an “irretrievable breakdown” for at least six months, the divorce is considered no-fault.
- Adultery, abandonment, brutal treatment, or a spouse’s incarceration are some of the reasons why a fault-based divorce may be filed.
- In addition to explaining what each category entails, our attorneys help clients select the best grounds for their circumstances. They advise clients on whether a no-fault or fault-based strategy is more appropriate for their situation.
Collecting Crucial Records
- A contested divorce in New York necessitates thorough documentation, including financial information, real estate records, and any other pertinent contracts.
- Bank statements, property titles, and financial disclosures are just a few of the papers that our attorneys help clients collect and arrange.
- By making sure that every paperwork is accurate and ready, we help to minimize delays and preserve the contested divorce process NY timeframe.
- This phase is essential because the court needs precise information on assets and debts to render just rulings.
Helping with Child Support and Custody Concerns
- Child custody and maintenance are frequently the most difficult and emotional aspects of a contested divorce.
- Depending on what is best for the child, custody in New York can be either sole (one parent having full possession) or joint (shared by both parents).
- As part of the contested divorce process NY, our attorneys work closely with clients to create a convincing case and convince the court that their preferred custody arrangement is in the best interest of the child.
- We also discuss how child support is calculated, including the variables the court considers, such as the child’s needs and each parent’s income.
- By striving for a solution that is equitable for our clients and advantageous for the child, our attorneys ensure that the child’s welfare is the top priority.
Managing the Property Division
- Since New York is a state with equitable distribution, property is distributed fairly, though only sometimes equally.
- Property and asset division in a contested divorce can be difficult, particularly if there are substantial assets such as savings, real estate, or business interests.
- Since only marital possession is subject to division, our New York contested divorce lawyer assists clients in determining what property is separate (belonging to one spouse before marriage) and marital (shared).
- Our attorneys examine each client’s financial and property information to reach a just settlement and ensure that the client’s interests are upheld.
Offering Assistance in Mediation
- Mediation can occasionally be beneficial in a contested divorce. It enables both parties to discuss and reach an agreement outside of court.
- In contrast to a full court trial, our attorneys advise clients to think about mediation since it can save time and lower stress.
- We serve as advisors to clients during mediation, assisting them in understanding what they may negotiate and offering advice on reasonable terms.
- The divorce procedure may proceed more quickly if mediation results in a consensus on certain matters. Our attorneys ensure that any settlement reached during mediation serves our client’s interests.
Standing Up for You in Court
- If mediation is unable to settle all of the concerns, the contested divorce goes to court. In this situation, our attorneys present the argument more actively.
- Our attorneys represent our clients in court, arguing on matters such as support, custody, and property division contested divorce.
- To support our client’s desired conclusion, we collect evidence, call witnesses if necessary, and construct a compelling case.
- Our purpose is to present our clients’ viewpoints clearly and concisely, defend their rights, and hope for a just verdict from the judge.
With over 50 years of combined legal experience, our attorneys at The Law Office of SRIS, P.C. bring unparalleled knowledge and competence to every case. Throughout the process of contested divorce New York State, our attorneys are available to help you at every stage. Our main goals are to safeguard your rights, assist you in making educated decisions, and strive for a fair judgment. Our goal is to make this challenging procedure as easy as possible for you by managing all legal issues and providing individual help. Please get in touch with us if you are dealing with a contested divorce. Together, we’ll create a strategy that meets your needs and strives for the greatest outcome.
FAQ's
Depending on the intricacy of matters like custody, property, and support, a contentious divorce in New York can go anywhere from a few months to a year or longer.
Yes, mediation can assist in resolving disputes in a contentious divorce by enabling parties to discuss issues outside of court. Our attorneys support mediation to reach a just and cooperative resolution.
In New York, the price of a contested divorce is determined by several variables, including the case's complexity, court expenses, and attorney fees. Our lawyers provide advice on cost control.
