Getting a Contested Divorce in New York State

Getting a Contested Divorce in New York State

Most people get divorced as a result of not being able to agree with their spouse. Therefore, it is no surprise that once a divorce is in the works, the couple cannot agree on its terms. This is known as a contested divorce. If you are currently in a contested divorce, please read on to learn more about the process and your legal options going forward:

What issues may come up in a contested divorce?

  • Alimony: Oftentimes, spouses will believe they are entitled to a certain amount of money to support themselves after marriage, while the other spouse does not feel regular alimony payments are warranted.
  • Child custody: Child custody is perhaps the most hotly-contested issue in divorce. Understandably, both parents want to play a role in their child’s life, however, when a couple splits, their time with their children may be severely reduced, which is why couples fight so fiercely for custody.
  • Child support: When one parent is granted sole custody, for example, that parent may feel as though they need financial assistance to care for their child, however, the other parent may not be willing to make such payments for various reasons.
  • Property distribution: The thought of being removed from your house is a living nightmare for many people, which is why property distribution is one of the most commonly-contested divorce issues as well.

What happens in a contested divorce?

When you and your spouse cannot agree on the terms of your divorce, you will enter the litigation process. Essentially, your assets will be subjected to equitable distribution, which is seldom a 50/50 split. Unfortunately, litigation generally occurs in a courtroom setting, which can even further increase the hostility of divorce, and the outcome of your divorce will be decided by a judge, giving spouses very little say. Fortunately, if you and your spouse are willing to work together, there may be another way out.

Do I have to go through the litigation process?

Divorce mediators seek to help couples draft mutually-agreed-upon terms of their divorce. Essentially, a divorce mediator is an unbiased, neutral third-party whose job is to facilitate conversation between two spouses to eventually reach a compromise. When mediation is successful, both spouses feel as though their voice was heard, making them far more likely to walk away satisfied with the terms of their divorce. If you think you would like to hire a divorce mediator, reach out to our compassionate firm. We are here to help.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Call today to schedule your complimentary case analysis: (516) 938-3330.

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