Divorce is never easy and, in one that is contested, it can be emotionally wrenching and hard on your wallet. If you and your spouse disagree over any of the issues involved in your divorce, then you are engaged in a contested divorce. You will have to sort out the issues and resolve them, either through negotiations outside of court or through court appearances. Once all of the surrounding issues have been agreed upon, a divorce judgment can be handed down by the court. The issues that must be resolved include such matters as child custody, child support, child visitation, and equitable division of marital property. Continue reading and reach out to a seasoned Staten Island contested divorce attorney from Dow Divorce Law to learn more.
Two Types of Contested Divorce: Fault-Based and No-Fault
Fault-Based Divorce In New York
In New York, you can file for divorce under the following fault-based grounds:
- Cruel and inhuman treatment, such as physical, verbal, or emotional abuse;
- Abandonment for a period of one or more years;
- 3 consecutive years in jail or prison for one of the spouses since the marriage began; and
- Adultery.
No-Fault Divorce In New York
New York also offers the following no-fault grounds for divorce:
- Where one of the parties alleges that the marriage has been irretrievably broken for at least 6 months, or
- After living apart for one year, with a separation agreement or a court-ordered judicial separation.
How Does the Contested Divorce Process Typically Work?
To officially begin the process, one spouse will file a Summons and Complaint for Divorce. This document outlines the grounds for divorce, along with requests for relief regarding issues such as:
- Child custody
- Parenting time
- Child support
- Spousal maintenance
- Division of marital property
- Exclusive occupancy of the marital residence
- Counsel fees
Once the complaint is filed, the other spouse must then be formally served with divorce papers. From there, the defendant may either admit or deny the allegations contained within the complaint. In many contested divorces, both spouses begin asserting competing claims regarding finances, property, and parenting issues very early on in the process.
Discovery
Once the divorce filings are completed, the divorce will enter what’s known as the discovery phase. Traditionally speaking, discovery is one of the longest and most important stages of a contested divorce because this is where both parties exchange financial information and evidence. During discovery, spouses may be required to produce the following types of information:
- Tax returns
- Pay stubs
- Bank account statements
- Retirement account information
- Business records
- Investment portfolio statements
- Credit card statements
- Property records
If you are a business owner, high-income earner, or someone with substantial assets, discovery becomes especially important because your spouse will most likely closely examine your finances. Unfortunately, in many contested divorces, one spouse attempts to hide income, underreport assets, exaggerate expenses, or otherwise manipulate the financial picture to gain leverage during litigation. This is one of the primary reasons why it is so important for men to stay organized and understand their finances before the process even begins.
Temporary Motions During Divorce
During the divorce process, temporary motions may also be filed. Generally speaking, temporary motions request that the courts address issues that cannot wait until the conclusion of the case. Some examples of temporary divorce motions can include:
- Temporary custody
- Temporary parenting schedules
- Temporary child support
- Temporary spousal maintenance
- Requests involving use of the marital home
- Compliance with discovery demands
How New York Courts Decide Child Custody
You should also understand that New York courts decide custody matters based upon what they believe is in the “best interests of the child.” Courts will generally consider several factors when making these determinations, including:
- Each parent’s relationship with the child
- Who has historically been the primary caregiver
- The quality and stability of each parent’s home
- Each parent’s work schedule
- The mental and physical health of each parent
- Each parent’s willingness to foster the child’s relationship with the other parent
- Any allegations involving domestic violence or substance abuse
What Happens if the Divorce Goes to Trial?
Eventually, if spouses cannot resolve their disputes through negotiation or settlement conferences, the divorce may proceed to trial. During trial, both parties may:
- Testify
- Call witnesses
- Submit documents into evidence
- Cross-examine the opposing side
The process will ultimately conclude with the court issuing a Judgment of Divorce. In the Judgment, the court will establish all final terms regarding property division, child custody, support, and any other matters that were previously unresolved.
How Long Do Contested Divorces Usually Take?
One of the most common questions men have when going through divorce is how long the process is going to take. While some contested divorces may resolve within several months, others can continue for well over a year, especially if significant financial disputes or custody issues are involved. There are several factors that frequently impact how long a contested divorce may take in New York State. They include the following:
- Whether child custody is heavily disputed
- Whether one spouse owns a business
- Hidden assets or incomplete financial disclosures
- Requests for forensic accountants
- Requests for custody evaluations
- High-conflict litigation between spouses
- Scheduling issues involving the court
- Whether either spouse refuses to cooperate during discovery
Do You Need a Lawyer For Divorce?
If the need for litigation arises, a divorce lawyer will be the aggressive force you need to help protect your legal rights and entitlements. As contested divorce attorneys with decades of practice, we focus on the needs and rights of divorcing men, and can give you the specific legal advice and guidance you need.
Whether you are contemplating a divorce or are already involved in one in which you and your spouse disagree over certain issues, you will need competent legal representation. We understand the complexities of New York and New Jersey domestic relations laws and know that the best way to resolve familial matters is through negotiations done outside of the courtroom. No judge knows your family better than you do. We will use our negotiation skills to help you get the results that will work for you and your family without the need for protracted litigation.
Contact us today to learn more.
