New York Contested Divorce Attorney
Protecting Your Rights in a Contested Divorce
If you and your ex-spouse cannot agree on the terms of your
divorce, you must proceed with a contested divorce, in which the court will determine
the significant matters relating to the ending of your marriage. In a
contested divorce, it is crucial to have an NYC divorce lawyer fighting
for your rights and presenting compelling arguments on your behalf.
In an uncontested divorce, the court must approve orders relating to:
Both sides must fulfill these orders or face enforcement action and being held in
contempt of court. For this reason, if you are considering a contested divorce or dealing
with a divorce summons, you should not wait to involve a New York divorce
attorney who can protect your rights and offer you knowledgeable insight
that applies to your unique situation.
Why Hire Eiges & Orgel for Your Contested Divorce?
Three Reasons Why Your Divorce May Be Contested
There are three primary reasons a divorce may be contested. The first is
if your spouse does not want a divorce. The second is if you and your
spouse disagree on the grounds for divorce, or the legal reasons to end
your marriage. The third is if you and your spouse cannot agree on child
custody and support, spousal support, or the division of assets. This
is generally a far
more expensive and time-consuming approach to divorce, as you and your spouse will need to go to the Supreme Court to have a
judge hear all evidence related to the disputed matters and then issue a ruling.
Timeline for a Contested Divorce in New York
If a contested divorce is your best or only course of action, there is
a specific timeline and sequence of events you will face. Understanding
this process can help you prepare for what is to come, with your attorney
by your side. According to the New York State Unified Court System,
the following is the general contested divorce timeline in the state:
- Once divorce summons have been served, a Request for Judicial Intervention
(RJI) must be filed within 45 days. You will be allowed 120 days if you
and your spouse both file a Notice of No Necessity.
- The next step will be to exchange and file a Statement of Net Worth, which
must be completed at least 10 days before your preliminary conference.
- A preliminary conference will be held within 45 days of the RJI filing
date. Both parties must be present for this conference, which is presided
over by a judge.
- A compliance conference will be scheduled, unless parties file a stipulation
of compliance and the court can dispense of this step. If a compliance
hearing is held, both parties must be present.
- Discovery must be completed and a Note of Issue filed no later than 6 months
from the date of the preliminary conference, unless the court has decided
to reduce or extend this deadline.
- The divorce trial will be scheduled no later than 6 months from the date
of the preliminary conference.
Looking at this timeline, the general length of time between a divorce
summons and a trial may be about 7 1/2 months, though the specific timing
will vary from case to case. If you would like to get a better idea of
how long you can expect your divorce to take, please contact an experienced
divorce lawyer at our firm, Eiges & Orgel, PLLC.
How the Court Makes Decisions in a Contested Divorce
Property is divided per the
equitable distribution law of New York. This does not mean that it is necessarily split 50/50,
but that the division is based on what the court considers to be fair,
taking numerous factors into account. These include the income of each
party, the length of the marriage, the age, health and earning capacity
of each party, tax implications and much more. Spousal support is determined
on a similar basis. Child support depends on the income of the non-custodial
parent, and custody rights are based on what the court considers the best
interests of the children.
Contact Eiges & Orgel, PLLC for the Help You Need
Your future quality of life and that of your children depend on the quality
of your legal representation during your divorce. At Eiges & Orgel,
more than 30 years of experience has given us the knowledge and skills necessary to fight effectively for
the rights of our clients. We have successfully helped thousands of individuals
through this process, whether in a
high net worth divorce or other. Contact our New York City divorce attorneys today to learn more.
Contact a New York divorce lawyer
to have a professional fight for the best possible outcome.