When it comes to divorce in New York, there are two main types to consider: contested and uncontested. In an uncontested divorce, both parties have come to an agreement about the terms. However, this isn't always possible. If a married couple can't agree on anything, they may need to seek a contested divorce. This type of divorce will involve taking some aspect of your case to court.
Why Do People Go Through Contested Divorce?
There are several different reasons why a couple may elect to go through a contested divorce. Perhaps the most common reason is that they are unable to reach agreements on the terms of their divorce, such as child custody. Furthermore, if there is a present history of abuse or mistreatment from one spouse, it may be necessary to take matters straight to court.
What To Expect During a Contested Divorce
The biggest thing to remember about contested divorces is that they can get very complicated, very quickly. If you're considering this type of divorce, it's important to be prepared for what lies ahead. Here is what you could potentially expect during a contested divorce:
You and your spouse will need to appear in front of a judge. This is usually done through mediation, but in some cases, it may be necessary to go to trial.
If there are children involved, custody and visitation will likely be contested issues. The court will need to determine what is in the best interest of the child before making any decisions.
It's not uncommon for property division to be contested as well. Who gets the house? Who gets the car? These are all important questions that will need to be answered.
Alimony, or spousal support, is another commonly contested issue. The court will need to determine how much, if any, one spouse should pay the other.
Solving all of these issues in court can become a time-consuming process; however, it is the best route for some couples to achieve a fair and just resolution.
Preparing for a Contested Divorce
If you're facing a contested divorce, it's important to be as prepared as possible. This means hiring an experienced attorney who can help you navigate the legal system. It also means gathering any evidence you may need to support your case. This could include financial records, emails, text messages, and anything else that could be used to prove your point. It is possible to work with other experienced individuals to obtain the necessary evidence, such as financial experts. Finally, it's important to be honest with yourself and your attorney. The more information you share, the better they can help you. Furthermore, failing to fully disclose certain information can negatively affect your case.
Benefits of a Contested Divorce
There are some benefits to contested divorces. Although they can be more complicated and time-consuming, a contested divorce gives you the opportunity to have your day in court. This means you'll have a chance to tell your side of the story and have a judge hear your case. It also gives you the opportunity to cross-examine your spouse and any witnesses they may bring. This can be beneficial if you're trying to prove that your spouse is hiding assets or income. Finally, contested divorces often result in better settlements because both sides have had a chance to fully air their grievances.
Attorneys in New York Ready for Court
If you are having difficulty moving forward with your divorce and can’t agree with your soon-to-be-ex-spouse, it is crucial to retain the services of an experienced attorney. At Duke Law Firm, P.C. we have experience both in and outside of the courtroom, achieving fair resolutions for our clients and their families. Our team is prepared to assess the facts of your case and determine which approach best suits your needs.
To schedule a consultation, call us at (585) 449-4987 or visit us online.