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.
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“We saved thousands of dollars!”- Gloria
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“You are truly the best divorce attorney in New York!”- Christine
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I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.
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Dealing with this firm was a gift from above. They were very understanding and made the whole process painless. They are open after regular work hours which was super convenient for a working professional. As a Surgeon in NYC going through this process the firm was very accommodating to my changing schedule. I am forever grateful that the firm was able to find a great solution to all issues so that everyone was taken into account and came to a responsible agreement. Thank you Lois Brenner you are the best!- Jose Loor
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Lois was an absolute pleasure to work with. She worked on a prenuptial agreement for me. Our very first conversation put me at ease. She was interested in my upcoming marriage and wedding. She assured me the prenuptial agreement could be drafted quickly. She made intelligent recommendations to address some of my complex financial decisions. She also made sound suggestions to protect my multi-million dollar portfolio. Our wedding is coming up and will be a lot smaller than we originally thought due to COVID-19, but Lois Brenner got our prenuptial agreement done in time, and made it a lot more pleasurable experience than I thought it would be. I would recommend Lois to anyone seeking a truly skilled attorney to draft their prenuptial agreement.- Glen Mearns
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Best Divorce Lawyers in NYC!! I can’t say enough about Lois Brenner. She saved my life. I was really being abused by my husband. I wanted a divorce, but I was scared to leave. Hiring her provided me with a support system that helped me break free of a destructive marriage. She, along with her team of professionals, and her litigation colleague Matt really gave me the backbone to step up and out. My children are safe, I’m back at work, and we are no longer afraid. The ongoing legal and personal support made all of this possible. Working with Lois and Matt was a life-changing experience. Katie M.- Katie M.
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“No words can express what you have done for our family!”- Ken
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Connecting with Lois was the best thing that could have happened during what has been very difficult and fraught divorce. Lois took on my case with knowledge, wisdom and care that have been above and beyond in every way. She recognized abusive and unstable behavior in my ex-husband, and offered both strong legal guidance, as well as personal encouragement and strength to stand up to him. Her support has been invaluable to me, and I am so deeply grateful for everything she has done in helping forge a better more stable future for me and for my son.- SC
