91ÊÓƵÏ㽶ÊÓƵ

Proven Skill in Complex NYC Contested Divorces

Our team of seasoned attorneys possesses in-depth knowledge of NYC family law and brings a wealth of experience to high-conflict cases. We are known for our strategic approach, meticulous preparation, and unwavering determination to secure the best possible results for our clients.

What Is a Contested Divorce?

A contested divorce occurs when the parties involved disagree on one or more key aspects of their divorce proceedings. These disagreements can be about various issues, such as asset division, child custody, alimony, child support, or other marital settlements.

In a contested divorce, because the spouses cannot agree on their own or through mediation, the case typically moves to court, where a judge will make the final decisions on these contested matters. This type of divorce is often more time-consuming and costly compared to an uncontested divorce, where both parties agree on all terms.

Common Grounds for a Contested Divorce

Common grounds for a contested divorce often involve substantive disputes between spouses over key issues, which may include:

• Child Custody and Visitation

  Disputes over who will have legal and physical custody of the children as well as the visitation schedule.

  Read More About Child Custody and Visitation

• Asset Division

  Disagreements on how to divide marital property, including real estate, investments, and personal property.

  Read More About Asset Division

• Alimony (Spousal Support)

  Conflicts over whether alimony should be paid, how much, and for how long.

  Read More About Alimony (Spousal Support)

• Child Support

  Differences in opinions regarding the amount of child support necessary and the financial responsibilities of each parent.

  Read More About Child Support

• Debt Allocation

  Issues regarding who is responsible for marital debts, such as credit card liabilities, loans, and mortgages.

• Marital Misconduct

  In some cases, accusations of infidelity, abuse, or abandonment can complicate divorce proceedings and lead to contestation.

Disagreements about the future financial needs of spouses and children may also slow proceedings and impact settlements.

How Is Property Divided in a Contested Divorce?

In a contested divorce, property division can become a complex issue, especially without a prenuptial agreement. The process generally follows these principles, depending on the state’s laws:

Equitable Distribution

Most states, including New York, follow the equitable distribution model. This means the property is divided fairly based on various factors. The court considers each spouse's financial situation, the length of the marriage, each party’s future needs, and other relevant factors.

Community vs. Separate Property

The court differentiates between community (or marital) property and separate property. Community property includes assets and debts acquired during the marriage, which are subject to division. Separate property, acquired before the marriage or through inheritance or gifts, usually remains with the original owner.

Valuation of Assets

All marital property needs to be valued, which can involve appraisals for real estate, business interests, and other significant assets. This step can be contentious if the parties disagree on the value of assets.

Consideration of Contributions

The court may consider both financial and non-financial contributions to the marriage. This includes income, care for children, and homemaking, which might affect the division of assets.

Debt Division

Similar to assets, debts incurred during the marriage are usually considered marital and divided between the spouses. However, the responsibility for debts can be influenced by whose name the debt is in and the circumstances under which it was incurred.

What Is the Contested Divorce Process and Timeline?

The timeline for a contested divorce is typically longer than an uncontested divorce due to the disagreements between the parties.

Here is a general outline of the steps involved in a contested divorce:

• Filing the Petition

  One spouse files a divorce petition with the court, stating the ground(s) for divorce and initial positions on asset division, custody, and other issues.

• Serving the Petition

  The other spouse must be served with the papers within 120 days of the filing date; the spouse has 20 to 30 days to respond.

• Preliminary Conference

  Typically, within 45 days of the response, the court schedules a preliminary conference to outline the issues in dispute and set a timeline.

• Temporary Orders

  Either party can request temporary court orders for child custody, support, alimony, or property control, which will last until the divorce decree is issued.

• Discovery

  This lengthy legal process involves both parties exchanging information that supports their case, including financial documents and witness statements.

• Negotiation and Mediation

  There is often a phase where both parties attempt to negotiate an agreement with their attorneys and a neutral mediator.

• Pre-Trial Motions and Hearings

  These are procedural meetings where preliminary issues are resolved and motions concerning the trial are considered by the court.

• Trial

  If negotiations and mediation fail, the divorce will go to trial, where both parties present their evidence.

• Judgment

  After the trial, the judge will issue a final divorce decree, which includes all decisions on custody, division of assets, alimony, and any other contested issues.

• Appeals

  Either party may appeal the court's decision within 30 days of the judgment.

We will make sure you feel prepared and fully understand your options at every step of the process.

Why Choose 91ÊÓƵÏ㽶ÊÓƵ for Contested Divorce Settlement in NYC?

Choosing 91ÊÓƵÏ㽶ÊÓƵ for your contested divorce settlement offers several advantages:

• Experienced Attorneys

  At 91ÊÓƵÏ㽶ÊÓƵ, we have a team of highly experienced divorce attorneys who focus on family law. Our deep understanding of New York divorce law allows us to handle the nuances of contested divorces.

• Strong Advocacy

  In contested divorces, having a strong advocate on your side is crucial. We are known for our aggressive representation in court, ensuring that your rights are protected and your voice is heard throughout the legal process.

• Commitment to Clients

  We are committed to achieving the best possible outcomes. Whether through negotiation, mediation, or courtroom litigation, we strive to ensure that the divorce terms are favorable to our clients.

• Reputation and Integrity

  91ÊÓƵÏ㽶ÊÓƵ has established a strong reputation for its integrity. We are well-respected in the legal community, which can be a significant advantage in negotiations and trials.