Brooklyn Contested Divorce Lawyers
New York attorneys litigate terms of marital dissolutions
There are many reasons why most people want to resolve their divorce outside of court. A trial is a public proceeding that can expose personal matters. Litigation is also much more expensive and time-consuming than a negotiated divorce settlement. However, there are times when you just cannot obtain a fair resolution without going to trial. If you anticipate this type of situation, a Brooklyn contested divorce lawyer at Goldberg Sager & Associates can develop a comprehensive litigation strategy for your case. You can rely on the courtroom skills we’ve honed over decades as we fight for the results you deserve.
Reasons a New York divorce might be contested
Some divorces are more complex than others. Reaching a settlement can be more difficult if the spouses have a large marital estate or decidedly different opinions about how to raise their children. Conflicts often arise over key issues, such as:
- Child custody and visitation schedules
- How much parents should pay for education costs
- How much to allocate for children’s extracurricular activities
- How much of the marital estate each spouse should receive
- Whether maintenance, often referred to as alimony, is appropriate
- Whether debt belongs to the marital estate or should be assigned to one spouse
- Whether one spouse has an equity interest in the other’s business
Moreover, breakups can be very emotional, and sometimes the problem isn’t necessarily a particular divorce term, but the fact that one party harbors resentments and wants to use the legal process to hurt their ex. This is wasteful and unproductive. We encourage our clients to put the past behind them and only litigate matters that have some bearing on their future.
Impact of contested divorce on children
Contested divorce can be difficult on children, especially if they must make a court appearance. An experienced Brooklyn, NY divorce lawyer will do whatever is possible to shield your children from stressful situations. However, in matters that directly affect your kids, such as allegations of abuse or neglect, the court may need to hear from them, usually in chambers to protect their privacy. We provide trustworthy guidance on how to prepare your children for the legal process.
The process for a contested divorce in New York
The main difference in a contested divorce is the emphasis on trial preparation. After the petitioner has filed the complaint and the respondent spouse has filed an answer, the divorce enters the discovery phase. At this point, the spouses are required to make full financial disclosures. Attorneys can also demand answers to interrogatories and production of documents. It may be necessary to depose witnesses. All of these activities are geared towards assembling evidence for a trial. During this phase, we can continue to negotiate for a partial or complete settlement. Mediation before a qualified, neutral third party might be useful in bridging the gap. However, when the case comes up on the court calendar, any issues the parties have not resolved must be decided at trial.
How long it takes to contest a divorce in NY?
Contested divorces vary in length depending on the complexity of the case and the litigiousness of the parties. Two years is not unusual, though a high asset divorce or one that is strenuously contested could last even longer.
Steps to shorten a contested divorce
Each case is unique and crowded court calendars can extend the wait before a trial. Making an effort to remove emotions from the decision-making process can cut down on motion practice and possibly lead to a settlement. You should remember that the purpose of a marriage dissolution proceeding is to establish financial and parenting terms, not to determine who is to blame for the breakup.
