New York law provides for both contested and uncontested divorces. Contested divorces consist of cases where the parties are in dispute over the divorce or its surrounding issues, such as child custody, distribution of marital property, and other issues that may arise as a result of dissolving a marriage. If there is any issue that cannot be resolved outside of the court system, no matter what the reason or whose fault it is, then your case is considered a contested divorce.
The contested divorce occurs when the spouses cannot arrive at an agreement on one or more key issues in order to conclusively end their marriage. When spouses cannot arrive at an agreement, even with the assistance of their attorney, they must approach a court to settle their dispute. Contested divorces are quite commonplace now, especially since there are so many different issues to resolve during the course of ending their marriage. The most common hot button issues required during a contested divorce include such sensitive topics child custody, child support, property division, asset distribution, settlement of marital debts, alimony, and visitation.
All too often, divorce cases proceed contested and require judicial intervention. Sometimes when your spouse is being difficult or spiteful over a particular issue, then court intervention is a good thing. You can take comfort in knowing that even though your case may start out as a contested divorce, nearly 95 percent of divorces settle without having to go to trial.
Our experienced firm has the knowledge and experience to get you started on the right foot. When a case proceeds contested, the first months of your case are at a critical stage. Positions are taken, and the court forms opinions of the parties. Regardless if you feel your position is right, you can rest assured that your spouse feels that their position is right.
This is why you need to make the right choice from the beginning. Having a powerful voice stand up for your rights, along with the legal experience and knowledge required to navigate the complexities of the court system means that your contested divorce matter will get the attention it deserves. More importantly, you will be confident knowing that you will be putting your best foot forward in presenting your case. Don't rely on the statistics that most cases settle. You will need a skilled and experienced attorney to ensure that if your case does in fact settle, the terms of that settlement will be most beneficial and advantageous to you.