A contested divorce can be very hard on a family. The decision to dissolve a marriage is hard enough, but once it is volatile and gets dragged out, it can be devastating. Once a marriage is over, it is up to both parties to agree on issues like custody, property and children. In some cases it can be done. But it others, it just add even more gasoline onto a raging fire. In New York, when parties cannot come to an agreed solution regarding child custody, visitation, division of property, or grounds for divorce, it is considered contested.
You will need to contact a strong attorney to deal with a contestant divorce. An attorney steeped in marital and uncontested divorce law will guide you through and help things end with the best possible outcome.
Generally, when a divorce is contested, the parties agree on nothing. The party who wants to file a contested divorce will need to file the necessary documents outlining their position on the case and why they feel the need to have it contested. A judge will examine the arguments and release a determination on how they will rule. This often doesn’t happen overnight. This can take several proceedings and negotiations before things are resolved.
A good contested divorce lawyer will do everything in their power to ensure your rights are protected. They will meet the opposing party eye to eye. They will attempt to settle disagreements outside the courtroom until both parties are satisfied. Simply filing a complaint is not sufficient to have a judge rule in your favor. If you contest the divorce, you will need a great deal of documentation including specific dates, locations, and even witnesses to help bolster your case.
The judge will review a number of factors including the length of the marriage and income. It the issue is with a child, the judge will make his decision based on what is best for the child. This is why a person who contests the divorce should have a skilled attorney at their side. These are very difficult waters to navigate. You need someone who is a good listener and be a strong advocate.
In a contested divorce, it should also be noted that not everything will be split down the middle. It simply doesn’t work that way. There are many times when property accumulated in the marriage may be given to one party, as opposed to the other. One thing all parties should consider in a contested divorce is that separate property accumulated during the marriage, individual gifts and inherited properties will likely stay with whomever it belongs to. The courts will attempt to be as fair as possible, but one party may still feel a bit disgruntled for not getting what they feel they deserve.
What you need to do is find an attorney today. Whether you or the other party is contesting the divorce, it is imperative that you have a strong attorney helping you through the process. Contested divorces can get a bit contentious sometimes. This can take a toll on everyone, especially children. Hire an attorney who will represent you to the fullest. You will be surprised over the things you thought you knew about a contested divorce. Call an experienced attorney today to get a free consultation.