Helping Clients Overcome the Challenges of Contested Divorce

Any divorce can be emotionally draining, but it’s especially difficult when you and your spouse cannot agree on significant family law issues, resulting in a contested divorce. If you’re unable to agree on important matters like child custody and spousal support, you’ll need a skilled divorce attorney by your side throughout your case.

When you call the Law Offices of David Bliven for legal representation, you’ll have support from a compassionate attorney committed to helping you resolve legal disputes with your spouse. Our team has provided legal guidance to countless clients across New York State, working tirelessly to get them the best possible results in family law cases involving complex issues. To learn more about how we can assist with your contested divorce in New York, call our trusted law firm today.

What Is a Contested Divorce?

A contested divorce occurs when the parties involved do not agree on the terms of the divorce, making it impossible for the court to finalize the legal end of the marriage. After all, you’re required to agree on major family law matters before the divorce is final, with such issues typically including:

• Asset division
• Spousal support
• Child custody and visitation
• Child support

In general, the more complex issues involved in your divorce, the more challenging it is to come to an agreement. For example, high net-worth divorces are often contested because a significant amount of money is at stake, including business interests to be divided during asset distribution and spousal maintenance to be calculated. Similarly, custody disputes tend to be more common when there are complicating factors, like questions of paternity that must be resolved.

If you and your spouse cannot agree on every major element of your divorce or legal separation, you’ll need to consult a NY divorce lawyer who will help you either resolve your dispute or prepare your case for trial. Call our New York law firm today to discuss your options before starting divorce proceedings.

What Is the Contested Divorce Process in New York?

Both the contested and uncontested divorce processes in New York start when one spouse files a divorce petition with the Supreme Court. Once you file, you have to arrange for a third party to serve your spouse with legal paperwork within 120 days.

If your spouse was served divorce papers in New York State, they will have 20 days to respond. If they were served divorce papers outside of New York, they must respond within 30 days. This gives them the chance to decide if they want to contest the terms of the divorce.

If your spouse agrees with the terms, you’ll have an uncontested divorce, which can be finalized within months, assuming the legal process goes smoothly from start to finish. If they don’t answer the summons, you can seek a default judgment. On the other hand, if they state they’d like to contest the terms, you’ll have a contested divorce, which can take anywhere from several months to years to resolve.

A skilled divorce lawyer can guide you through the steps to take after your spouse has responded to your petition to end the marriage. They can assist you in filing the necessary forms, such as a Request for Judicial Intervention, after which they can schedule a preliminary conference to discuss legal issues with a divorce Judge.

At the conference, you and your spouse must provide the court with a statement of net worth. You will then enter the discovery phase, during which your attorneys will exchange documents that address your assets, debts, and other details that could affect your divorce proceedings

Throughout the discovery phase, you’ll have the opportunity to negotiate an agreement with your spouse. In fact, Judges and attorneys often encourage you to settle outside of court so you can avoid a trial.

If this isn’t possible and your case ends up in the courtroom, your divorce attorney will spend months preparing for the trial. They will have to present evidence, witness testimony, expert opinions, and other elements meant to persuade the judge to get you the best possible outcome when it comes to child support, child custody, spousal maintenance, and property division.

At the end of the trial, the Judge will decide on these issues and then enter a judgment of divorce, legally ending your marriage. If you want to ensure you’re well represented in court and have a chance of getting your desired results, you should hire a skilled contested divorce attorney to handle your case. Call our trusted divorce law firm today to get started.

How Long Will Your Divorce Case Take to Resolve?

If you’re hoping for the shortest possible divorce process, an uncontested divorce is ideal. When you and your spouse agree on all the legal issues, the process mostly consists of signing paperwork and waiting for the court to approve it. For this reason, an uncontested divorce can take as little as a few months, although the average range is approximately six months to a year (some courts, like the Bronx, take closer to a year or more).

When you and your spouse disagree on important matters, such as who gets sole custody of your minor children or how to divide your marital property, your case could take over a year. This is especially the case if it goes to trial, which isn’t common for divorce cases unless there are extenuating circumstances.

Depending on the details of your case, your New York divorce attorney will likely guide you toward a settlement out of court so your divorce can be finalized as soon as possible. While mediation and settlement meetings can take months to complete, they’re generally less time-consuming than trials. So, if you’re hoping to turn a contested divorce into an uncontested divorce that allows you and your spouse to negotiate your results, call our law firm for a consultation today.

Are You Ready to Hire a Lawyer to Handle Your Contested Divorce in New York?

When you’re in search of a divorce attorney who will aggressively represent you throughout your case, contact the Law Offices of David Bliven. We’ve successfully assisted clients throughout the state, from Long Island to Dutchess and to Westchester County and surrounding areas. Whether you need help with the equitable distribution process or want to know how a history of domestic violence will affect your case, we have the legal knowledge and resources to assist you.

We want you to rest assured that we have your best interests in mind and are dedicated to getting you the best possible outcome, whether that requires mediation outside of court or litigation during your trial. If you would like to learn how we can assist you with everything from property division to custody disputes, please call 914-362-0968 to schedule an initial consultation with our caring team.