Divorce is never easy, but when the two parties cannot agree on key issues such as property division, child custody, or spousal support, it becomes a contested divorce. In New York, contested divorces can be complex, time-consuming, and emotionally draining. Knowing what to expect in such cases can help you navigate the process more effectively, especially with the support of an experienced attorney like those at Vasiliou Law.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot reach an agreement on one or more major issues involved in the dissolution of their marriage. This can include disagreements over:
- Division of assets and debts: Deciding who gets what can be contentious, especially in cases involving significant property or shared financial obligations.
- Child custody and visitation: Disputes over parenting time and decision-making authority for the children are often the most emotional aspect of a divorce.
- Child support: Calculating the appropriate amount of financial support for the child can lead to disagreements, particularly when one party feels that the other is not contributing fairly.
- Spousal maintenance (alimony): One spouse may seek financial support post-divorce, which the other spouse may dispute.
- Fault-based grounds: New York is a no-fault divorce state, meaning couples can divorce without proving wrongdoing. However, if one party chooses to cite fault (e.g., adultery or cruelty), it can add complexity and conflict to the proceedings.
The Process of a Contested Divorce
The process for a contested divorce in New York involves several stages, each requiring careful legal navigation.
- Filing for divorce: The first step is for one spouse to file a summons and complaint for divorce, which must then be served to the other party. This complaint will outline the terms that the filing spouse is requesting, such as custody, support, and division of assets.
- Response: The other spouse must respond to the divorce complaint. If they disagree with the terms laid out, they will file a counterclaim, officially contesting the divorce.
- Discovery phase: During discovery, both parties exchange information regarding finances, assets, debts, and other relevant details. This phase may include depositions, interrogatories, and requests for documents.
- Settlement negotiations: Even in a contested divorce, the goal is often to settle out of court. Attorneys for both parties will try to negotiate a mutually agreeable settlement. Mediation or collaborative divorce methods may be used to resolve disputes.
- Trial: If negotiations fail, the case proceeds to trial. Both parties present evidence, call witnesses, and make their arguments before a judge. The judge then makes the final decisions on all contested issues.
- Judgment of divorce: Once the judge rules, the court issues a judgment of divorce that outlines the final terms. This judgment is legally binding, and both parties must adhere to its terms.
How Long Does a Contested Divorce Take?
The duration of a contested divorce depends on the complexity of the case. Simple disagreements may take only a few months to resolve, while more complicated cases can drag on for a year or more. The discovery phase, the availability of the court, and the willingness of both parties to negotiate are key factors that influence the timeline.
Why You Need an Experienced Attorney
Contested divorces in New York require legal expertise due to the complexity of the issues involved. Without the right guidance, you may end up with unfavorable terms regarding your assets, custody arrangement, or financial obligations. At Vasiliou Law, we have over 40 years of combined experience navigating difficult divorce cases. We understand the emotional toll this process can take, and our goal is to advocate for your rights while seeking the best possible outcome for you and your family.
How Vasiliou Law Can Help
- Expert representation: Our attorneys specialize in family law and have extensive experience handling contested divorces. We will guide you through every step of the process, ensuring that you are fully informed of your options.
- Customized solutions: Every divorce is unique, and we take the time to understand your specific needs and concerns. Whether it’s securing fair custody arrangements or protecting your financial interests, we work hard to build a tailored legal strategy.
- Negotiation and litigation: We aim to settle cases amicably whenever possible, but we are also prepared to fight for your rights in court if necessary. Our attorneys are skilled negotiators and litigators who will represent you with confidence and care.
Conclusion
If you’re facing a contested divorce in New York, don’t go through it alone. The experienced attorneys at Vasiliou Law located in Queens, NY can help you navigate the legal complexities and protect your rights. Contact us today at 347-967-6141 or visit www.svlawpartners.com to schedule a consultation and start moving forward.