New York Contested Divorce Lawyer
The Difference Between Contested & Uncontested Divorce
Many couples going through a
divorce in New York will turn to the courts to help them sort out all aspects of their separation—from
dividing debts and distributing property to determining child custody
and support payments. If a couple cannot come to an agreement on some
of these issues without intervention from the court, they will enter into
what is called a “contested divorce.”
This term can mean several different things. First, it can be used to describe
a divorce where one party argues that the other doesn’t have grounds
for divorce, thus trying to prevent it. In this case, the divorce itself
would be contested. More commonly, however, it is used to describe a divorce
where both parties have agreed to a divorce, but cannot agree on issues
such as child custody or property division.
Temporary Orders in Contested Divorce
In some cases, a divorce attorney will ask the judge to make temporary
orders. This can help direct the payment of bills, mortgage payments,
child support, spousal support and lawyers’ fees early in the case
so that if one spouse stops paying the bills or providing the other with
spending money, the court can order support. This will provide temporary
relief that may remain in effect until the divorce is finalized.
In New York, a typical contested divorce will take several months, or longer,
to complete. As you may have already discovered, life doesn’t stand
still during this time. By establishing temporary orders, a non-monied
spouse can pay some bills while the case is pending. These orders will
generally stay in effect until the final divorce decree is entered or
an agreement is reached by the divorcing parties.
During the Pending Divorce
While a divorce is pending, each spouse’s lawyer can request discovery
from the other spouse—which may include information and documents
almost anything related to the financial or custody issues involved in
the divorce.
Some of the information your attorney might request includes:
- Deeds or titles to property
- Bank statements, checks and deposit records
- Credit card bills and other spending records
- Proposed witness lists
- Business account records
The Trial
If your case cannot be settled, there will be a trial, during which the
judge will hear evidence from both sides on all issues that have been
raised. This could include witness testimony, testimony from either spouse,
financial records, police or medical reports, or any other form of admissible
evidence—all of which will help the court decide the facts and establish
division of assets and debts and the best interests of the children.
Once the trial has been concluded, the judge may enter a ruling from the
bench or take the matter under advisement and render a decision at a later
time. In some jurisdictions, if the divorce has been pending for an extended
period of time without any foreseeable resolution, the judge may schedule
a status conference to see if a settlement would be possible before taking
the case to trial.
For more information about contested divorce, call us at Lois M. Brenner,
Esq.: (646) 663-4546.