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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 often involve substantive disputes between spouses over key issues, which may include:
Child custody and support are often the most emotionally charged aspects of a divorce. These decisions significantly impact living arrangements, schooling, and parental involvement. Our attorneys are skilled in negotiating agreements that protect your children’s welfare while respecting your rights as a parent.
Spousal support (alimony) is another critical issue, especially in cases where there is a significant disparity in earning capacity between spouses. We strive to make sure any spousal support awarded is fair and reflective of various factors, including the duration of the marriage and the future earning potential of each partner.
The equitable distribution of marital property and assets can be complex. Our team excels in identifying, valuing, and negotiating the equitable division of all relevant assets, ensuring your financial security and stability.
Prenuptial and postnuptial agreements can significantly influence divorce proceedings, particularly regarding asset division and spousal support. Our attorneys are adept at interpreting and enforcing these agreements, making sure they are considered fairly in the divorce process.
Circumstances may change post-divorce, necessitating modifications to certain aspects like child support or custody. Even when no modifications are necessary, enforcing existing orders can sometimes be challenging. Our firm is committed to assisting clients with these post-judgment issues, advocating for their rights and interests.
Disagreements about the future financial needs of spouses and children may also slow proceedings and impact settlements.
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:
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.
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.
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.
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.
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.
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:
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.
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.
Typically, within 45 days of the response, the court schedules a preliminary conference to outline the issues in dispute and set a timeline.
Either party can request temporary court orders for child custody, support, alimony, or property control, which will last until the divorce decree is issued.
This lengthy legal process involves both parties exchanging information that supports their case, including financial documents and witness statements.
There is often a phase where both parties attempt to negotiate an agreement with their attorneys and a neutral mediator.
These are procedural meetings where preliminary issues are resolved and motions concerning the trial are considered by the court.
If negotiations and mediation fail, the divorce will go to trial, where both parties present their evidence.
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.
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.
Choosing Levoritz Law Firm for your contested divorce settlement offers several advantages:
At Levoritz Law Firm, 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.
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.
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.
Levoritz Law Firm 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.
Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.
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At Levoritz Law Firm, we understand that navigating family law matters can feel overwhelming. To help you feel informed and confident, we’ve compiled answers to some of the most frequently asked questions about high-net-worth divorce, custody, and other family law concerns. Explore below to learn more about your options.
The cost of a contested divorce in New York varies widely, typically starting from several thousand dollars to much more, depending on the elements involved in the case, the duration of court proceedings, and attorney fees. Disputes over assets, custody, and support can extend both the time and cost.
Yes, having a prenuptial or postnuptial agreement can significantly reduce the likelihood of a contested divorce occurring. These agreements clarify the division of assets and financial responsibilities, thereby minimizing disputes and streamlining the divorce process.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.
The information you obtain from this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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