New York Contested Divorce Attorney

Contested Divorce 

A contested divorce happens when spouses disagree on key issues like grounds for divorce, child custody, support, or division of assets and debts. This process takes longer and costs more due to negotiations or court proceedings but can be managed efficiently with experienced legal help.

Requirements for a Divorce

To finalize a divorce in New York, you and your spouse must resolve—through agreement or a judge’s decision—the following:

• Grounds for Divorce: Usually a statement that the marriage has been irretrievably broken for at least six months.
• Child Custody and Visitation: Plans for who cares for the children and visitation schedules.
• Child Support: Financial support for the children’s needs.
• Spousal Support: Financial support for one spouse, if applicable.
• Division of Assets: Fair split of marital property, such as homes, bank accounts, and personal items.
• Division of Debts: Who is responsible for shared debts, like loans or credit card balances.
• Court and Attorney Fees: Who pays the costs of the divorce process.

Why a Divorce Might Be Contested

A divorce may become contested if:

• One spouse does not want the divorce.
• You disagree on the grounds for divorce.
• You cannot agree on custody, support, alimony, or division of assets and debts.

How Long Does a Divorce Take in New York?

Contested Divorce: If disputes persist, the process can take 1–3 years, depending on complexity. Settling through negotiation is faster and less costly than a trial.

Contested Divorce Process in New York

The contested divorce process involves clear steps to resolve disputes and finalize the divorce:

1. Start the Divorce:
   • File a Summons with Notice or Summons and Verified Complaint, stating the grounds for divorce and proposed terms.
   • Purchase an Index Number from the County Clerk’s Office (filing fee: ~$210).
2. Serve Divorce Papers:
   • Deliver papers to your spouse within 120 days, using someone over 18 who is not involved in the case (e.g., a process server).
   • File an Affidavit of Service with the court to confirm delivery.
3. Defendant’s Response:
   • The spouse has 20 days (if served in NY) or 30 days (if served outside NY) to file an Answer, which may include counterclaims.
   • If no response is filed, the plaintiff can request a default judgment.
4. Automatic Orders:
   • Upon filing, automatic court orders take effect to:
     • Prevent selling or transferring marital property.
     • Maintain existing insurance policies.
     • Prohibit moving children out of state without consent.

5. Preliminary Conference:
   • Attend the initial court meeting to identify disputed issues and set a case timeline.
   • Both spouses submit a Statement of Net Worth, detailing finances (assets, debts, income, expenses).
6. Discovery Process:
   • Exchange financial documents (e.g., tax returns, bank statements, deeds, pay stubs).
   • May involve depositions or subpoenas to ensure full disclosure of marital property.
7. Motions (If Needed):
   • Either spouse can request temporary orders for:
     • Custody or visitation.
     • Child or spousal support.
     • Attorney fees or exclusive use of the marital home.

8. Settlement or Trial:
   • Most cases settle with a Stipulation of Settlement, a written agreement filed with the court.
   • If no agreement, the case goes to trial, where a Supreme Court judge decides unresolved issues.
9. Judgment of Divorce:
   • The judge signs the Judgment of Divorce, officially ending the marriage and setting terms for custody, support, and property division.
10. Post-Divorce Actions:
    • File Qualified Domestic Relations Orders (QDROs) to divide retirement accounts, if needed.
    • Custody or support orders can be modified later if circumstances change.

Our firm provides every client with personal attention to their case. Since our office aims to find a timely resolution to your matter, you may have the opportunity to move past a difficult relationship.

Children’s Bill of Rights in a Custody Dispute in New York

When parents separate or divorce, children can feel caught in the middle. The Children’s Bill of Rights is a guide to ensure kids are treated with care and respect during custody disputes. Here are the key rights:

1. Not to Choose Sides: Children shouldn’t be asked to pick one parent over the other. They deserve to love both parents without feeling guilty.
2. Not to Hear Bad Things About a Parent: Parents shouldn’t tell children negative things about the other parent’s personality or actions. Kids need to form their own opinions.
3. Not to Be a Messenger: Children shouldn’t be asked to carry messages, like legal or personal issues, between parents. Parents should communicate directly.
4. Not to Be a Spy: Kids shouldn’t be questioned about what the other parent is doing or saying. They deserve privacy when spending time with each parent.
5. Not to Be Lied to or Asked to Lie: Parents shouldn’t ask children to keep secrets or tell lies about the other parent.
6. Not to Be a Confidant: Children shouldn’t hear details about legal fights or adult problems. They’re not counselors and need to stay out of grown-up disputes.
7. Privacy in Communication: Kids should be able to talk to either parent, such as on the phone, without the other parent listening in or asking questions afterward.
8. Not to Be Put in the Middle: Children shouldn’t feel pressured to take sides or be involved in parents’ arguments.