Contested Divorce in New York: What You Need to Know

CONTESTED DIVORCE

Divorce never comes easily. Even if you and your spouse get along well and approve of the procedure, there may still be issues. Divorces where the pair has genuine hostility toward one another are even worse. These divorces are rarely straightforward and can give rise to a lot of issues for months or even years before they are ultimately resolved.

There is a good possibility that the divorce you are getting will be contested. Let’s explore what this implies and how it differs from uncontested divorces to get a better understanding. We’ll then go over a few points that can help you have a better result in these situations.

What is the Difference Between Contested and Uncontested Divorces?

Simply stated, a contested divorce occurs when the couple is unable to reach an agreement or settlement on one or more of the key issues involved in the divorce, such as child custody, child support, alimony (known as “maintenance” in New York), or property division. In these situations, the couple will require a Judge who can resolve their disputes.

On the other hand, an uncontested divorce occurs when both spouses agree to the divorce and all the aforementioned key issues have been settled between the parties. These divorces don’t necessarily need to take place in a courtroom and are frequently easier and quicker.

Contested divorces typically cost more money, take longer, and have a greater emotional impact on all parties due to their complexity. Contested divorces can have a large emotion on children as well. Children of spouses involved in contested divorces often struggle to comprehend this kind of divorce because they witness their parents’ intense animosity toward one another. This is not always the case, however it is common with these types of divorces.

Hiring a Lawyer

The first thing you should do when divorce is looming over you, whether you started the divorce or just got the documents from your spouse, is get in touch with a lawyer. Even if your spouse claims they won’t hire an advocate, you should still obtain legal counsel. When going through a divorce, a lot is on the line, so you need to make sure that you are safeguarded.

Consult a lawyer as soon as you realize you’re having a divorce. Give them a full explanation of the divorce and pay attention as they suggest any additional details that you should pay attention to. It is best to work with a lawyer as quickly as possible. If you want a favorable result from your contested divorce, hiring an attorney is unquestionably the most important thing you can do.

You might be concerned about the expense of employing a divorce lawyer. Divorce lawyers can be expensive, but consider how much you stand to lose if you do not have legal representation. Divorce proceedings can become complicated, and it is better that you have someone who fully understands the process so that you receive everything you are entitled to and do not have to give up more than you should. Your lawyer should be knowledgeable about such divorces and have expertise with them, and will always act in your best interests. Change your divorce counsel if they don’t, or for any other reason you don’t feel completely at ease with them.

Remove Emotion From The Discussion

Working with a lawyer has its benefits, one of which is that they can absorb the majority of the stress of the divorce proceedings. Although it will still be a difficult and emotionally draining time, a lawyer can help guide you through it. Instead of dwelling on any potential emotions of resentment, you can start to concentrate on what matters – getting through this difficult time ensuring that you do not have to give up anything you are entitled to.

Could Pre- or Post-Nuptial Agreements Be Beneficial?

A prenuptial or postnuptial arrangement that is already in place can frequently assist with some of the crucial issues that arise during the divorce. The judge will typically abide by the terms of that agreement, but the other side may contest it. Furthermore, not all of the problems in the divorce may be covered by these agreements. However, establishing an arrangement in advance can lessen some of the difficulties associated with divorce. Of course, not everyone has already established these arrangements.

It’s Still Possible To Negotiate

Another thing to bear in mind is that there may still be room for negotiation even if your divorce is contested. You and your spouse may discover that it is simpler to concur on some issues and to make compromises so that everyone is content as the divorce process moves forward. Even though it doesn’t always work, if you and your lawyer believe it might be feasible, it is always worth trying.