Key Issues in Contested Divorces
Common areas of disagreement in contested divorces include:
Child custody and visitation rights
Child support
Spousal support (alimony)
Division of marital property and assets
Division of debts
Pet custody
The Contested Divorce Process in New York
Filing for Divorce: One spouse (the plaintiff) files a divorce petition with the court and serves it to the other spouse (the defendant).
Response: The defendant has 20 days to respond to the petition if personally served in New York, or 30 days if served outside the state.
Preliminary Conference: Both parties and their attorneys meet with a judge to discuss the case and identify contested issues.
Discovery: Each side gathers information and evidence to support their position. This may include financial records, witness statements, and expert evaluations.
Negotiation and Mediation: Parties attempt to resolve disputes through negotiation or court-ordered mediation.
Pre-Trial Conference: If issues remain unresolved, a pre-trial conference is held to prepare for trial.
Trial: Each side presents their case before a judge, who then makes final decisions on all contested issues.
Judgment of Divorce: The court issues a final decree detailing the terms of the divorce.
Factors Considered by New York Courts
When making decisions, New York courts consider various factors, including:
Length of the marriage
Age and health of both spouses
Income and property of each spouse
Present and future earning capacity of both parties
Need of a custodial parent to occupy the marital residence
Best interests of any children involved
Legal Representation
Given the complexity of contested divorces, it's highly advisable to seek legal representation. An experienced divorce attorney can:
Protect your rights and interests
Navigate the legal process
Negotiate on your behalf
Present a strong case in court if necessary
Alternative Dispute Resolution
Even in contested divorces, New York courts encourage alternative dispute resolution methods such as:
Mediation
Collaborative divorce
Arbitration
These approaches can help resolve issues more amicably, quickly, and cost-effectively than a full trial.
Conclusion
Contested Divorce New York State can be challenging and complex. Understanding the process, seeking proper legal representation, and considering alternative dispute resolution methods can help navigate this difficult period more effectively. While contested divorces are often unavoidable, approaching the process with a focus on fair resolution can lead to more satisfactory outcomes for all parties involved.
