New York Contested Divorce
Contested Divorce: An Overview
A contested divorce in New York occurs when spouses cannot reach an agreement on one or more key issues. Whether it’s division of assets, spousal maintenance, child custody, child support, or even the grounds for the divorce itself. Unlike an uncontested divorce, which proceeds smoothly without the court’s intervention, a contested divorce requires structured court involvement and often becomes a multi-stage legal process.
Understanding Contested Divorce in New York
In New York, contested divorces begin when one spouse files and serves a Summons with Notice or Summons and Verified Complaint. The other spouse will then need to respond with a Verified Answer. Once the Verified Answer is submitted with the court, the case will then enter litigation, involving formal discovery, financial disclosure, court conferences, settlement negotiations, and, if necessary, motion practice. If the parties cannot resolve all issues, the case ultimately will proceed to a trial. At the trial, a judge, rather than the parties, makes the final decisions.
Contested divorces can be complex because New York applies detailed statutes and case law to issues central to a divorce, such as equitable distribution of marital property, the best interests standard for custody, and the statutory formula for maintenance and child support. Significant assets, business interests, high incomes, or complicated parenting dynamics can further increase the stakes.
While litigation can be lengthy and demanding, it also provides needed structure when cooperation breaks down. A contested divorce ensures that each issue is fully examined through evidence, testimony, and skilled legal advocacy, and allows the court to intervene when negotiations stall or when urgent protections, such as temporary custody or exclusive occupancy of the marital home, are needed. Throughout a contested divorce, experienced counsel is needed. An experienced divorce attorney, such as our office, will help you shape your narrative to the court in a way that your needs and interests are heard and fairly considered.
A well-handled contested divorce balances strategy with efficiency. Experienced divorce attorneys help to identify why must be litigated, what can be negotiated, and how to protect your rights, your children, and your long-term financial stability throughout the process.
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What is the Difference Between a Contested and Uncontested Divorce?
The difference between a contested divorce and an uncontested divorce is, at its base, whether the parting spouses can come to an agreement on the terms of their divorce. It’s important to note that just because a divorce starts as uncontested, does not mean that it cannot become contested down the road. If the spouses reach an impasse or unavoidable roadblock in the course of their negotiations, one side may file a Request for Judicial Intervention with the court, which will render the divorce as contested.
For a breakdown of the key differences in a divorce, check out our table below:
Contested Divorce
A contested divorce differs from an uncontested divorce for several reasons. In a contested divorce:
- Spouses disagree on one or more terms essential to the divorce
- Court appearances are required
- Includes discovery, depositions, and compliance conferences
- The Judge makes the final decisions if no agreement is reached.
Uncontested Divorce
For an uncontested divorce, the parties are generally more in agreement. In an uncontested divorce:
- Spouses agree on all terms before a settlement is reached
- Court appearances are not required
- Does not include discovery, depositions, and compliance conferences
- Parties retain full control over the final agreement.
The Path to Resolution
Resolving a divorce is not a one-size-fits-all approach. At Douglas Family Law Group, PLLC, we understand that to get long-lasting agreements that work for spouses long after they’ve wrapped up their divorce, we need to take a strategic, tailored approach to each individual case. Whether you’re resolving your contested divorce through litigation or negotiation, our Firm has decades of experience with both approaches.
Divorce Litigation
Contested divorces can be highly litigated. But what does this actually mean? For a lot of clients, their divorce may likely be the first time they have ever been involved in a legal action, and the legal jargon that comes with a contested divorce can be overwhelming. Litigation refers to the act of resolving a dispute through the formal legal process of filing a lawsuit, and “running the motions” of the court’s procedure. This involves routine court appearances, discovery and depositions, motions, and eventually, if no resolution is reached, a trial.
As experienced divorce litigators, our office is well equipped to help clients navigate divorce litigation. We take the time to make sure you understand each step in the process, and help to make the burdensome steps involved in discovery, motion drafting, and defending your position in court as simple and straightforward as possible.
Discovery & Depositions
In discovery, you will be asked to produce several years’ worth of financial documents, including but not limited to, tax returns, W-2s, paystubs, credit card statements, and bank accounts. An experienced divorce attorney knows what they are looking for when sifting through these documents, and can help identify potential claims and grounds for different motions that can be made. You will also need to complete a Statement of Net Worth, which is your sworn-to financial snapshot that the court will use when considering how marital assets are to be distributed. Depending on what is produced during discovery, depositions may be necessary.
In a deposition for a contested divorce, both attorneys will meet with their clients. Each side will take turns asking questions that have remained unanswered, or become particularly concerning for one party, during the discovery process. While depositions can seem intimidating to many clients, don’t get too worried if you are scheduled for a deposition. An experienced divorce attorney, such as our office, will make sure you know what to expect prior to sitting for your deposition, and help you understand what types of questions will likely be asked. During the deposition, your experienced divorce attorney will be by your side, ready to jump in and defend your interests, if needed.
Motion Practice
A common hallmark of a contested divorce is motion practice. Motion practice occurs when one spouse makes a motion for requested relief from the court. In New York divorces, a motion typically consists of several documents, in which the attorney and the client plead their case for why a requested relief is relevant and necessary during the litigation. Some commonly plead motions include, but are not limited to, arguing for:
- Interim spousal support;
- An opposing party to pay another spouse’s counsel fees;
- Proving waste of marital assets;
- Blocking international travel with children; and
- Sole custody of children.
When you meet with our legal team for your strategy session, we can review potential motions to be made for you and your unique circumstances. It is important to note that motions will give the other side an opportunity to defend against your claims, so you may find yourself on either side of a motion during the litigation of your divorce.
Trial
If no agreement is ultimately reached, your case will forward to trial. A divorce trial allows both sides to air out their arguments, introduce witnesses and exhibits that corroborate their arguments, and attack the other side’s arguments. Keep in mind that in New York, matrimonial trials do not involve juries. Instead, the Judge is the “jury” in that they make the ultimate findings on the questions presented on outstanding issues between the parties. Your trial may not be on the entire divorce, but may instead revolve around isolated, individual terms of the divorce that are still outstanding. Trials are significant investments of time, energy, and legal fees, so be sure that you fully understand your options and potential outcomes of moving forward with a trial before you refuse that last attempt at settlement. An experienced divorce attorney will help you make the best decision by making sure you understand your options and what the consequences of moving forward with a settlement, or in the converse, a trial, would be.
In any event, you will always want to select experienced divorce attorneys that know how to litigate a New York contested divorce. While negotiations and settlements can be helpful in mitigating costs and speeding up a case’s resolution, if push comes to shove, you will want a shark in your corner to help you make your arguments in Trial. At Douglas Family Law Group, PLLC, our attorneys are seasoned litigators, with decades of experience trying New York divorces.
Divorce Negotiation
Not every case goes to trial, and not every case involves substantial litigation. Sometimes, all a divorce takes is some skilled negotiation between the spouses, facilitated by experienced divorce attorneys. At any time during the litigation of a New York contested divorce, up until trial, the parties can create settlement agreements that include negotiated terms for the parties to include in a Stipulation of Settlement.
Your attorney will likely host/attend 4-way settlement conferences with you and the opposing party and their attorney to facilitate these conversations. These meetings are invaluable to flushing out terms of agreement between feuding spouses, and the attorneys can help to power through the emotional exchanges to find compromises and concessions that can be made by either spouse to avoid further litigation and trial.
At Douglas Family Law Group, PLLC, our attorneys are experienced negotiators, and know how to identify points that can be agreed on.
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When it comes to divorce and family law, our office isn’t all talk. Watch one of our recent clients below talk about our representation of him during his contested divorce in New York:
If you’re facing a Contested Divorce in New York, reach out to our office today. Having decades of experience in New York divorces, our Firm is not just a choice, we are the choice. Contact our office today to schedule your initial consultation with one of our divorce and family law experts.