New York City Contested Divorce Lawyer 

Over 3,000 Divorce Cases Handled & Exclusive Focus on Divorce & Matrimonial Law

In a contested divorce, the outcome depends heavily on who represents you. Eiges & Orgel at Ballon Stoll P.C. practices divorce and matrimonial law exclusively. Our attorneys bring over 60 years of collective experience and have handled more than 3,000 divorce cases. This gives us the depth to navigate the financial, custodial, and procedural complexities that define contested proceedings. In-office, phone, and virtual appointments are available at our locations in New York, Brooklyn, and Briarwood.

Call Eiges & Orgel at Ballon Stoll P.C. today at (347) 848-1850 or contact us online to schedule a meeting with our contested divorce attorney in New York City!

What Is a Contested Divorce?

A contested divorce occurs when spouses can’t agree on one or more key issues, requiring a judge to resolve the disputed matters. Those disputes can cover a range of concerns, including:

• Asset division
• Child custody
• Visitation
• Child support
• Spousal support

At Eiges & Orgel at Ballon Stoll P.C., we understand how much is at stake in these proceedings: financially, emotionally, and for your children. We’re committed to protecting your interests at every stage.

Common Reasons a Divorce Becomes Contested

A divorce typically becomes contested for one of three reasons:

• Your spouse doesn’t want a divorce.
• You and your spouse disagree on the legal grounds for ending the marriage.
• You can’t agree on child custody and support, spousal support, or asset division.

Contested divorce is almost always more expensive and time-consuming than an uncontested one. Disputed matters must be presented to a New York State Supreme Court judge, who can review the evidence and issue a ruling on each unresolved issue.

How Property Is Divided in a New York Contested Divorce

New York follows the equitable distribution standard, meaning marital property is divided fairly, not automatically 50/50. Courts weigh a range of factors, including:

• The length of the marriage
• The age and health of each spouse
• The earning capacity of each spouse
• Tax implications

Equitable distribution applies to marital property acquired during the marriage. Separate property (assets brought into the marriage or received as an inheritance or gift) is generally excluded. Contested proceedings also address debt division, with the court determining which spouse bears responsibility for shared obligations such as loans and credit card balances.

Spousal maintenance is determined on an equitable basis. Under the Maintenance Guidelines Act, as of March 1, 2024, the income cap for the maintenance payor is $228,000. Child support is calculated under the Child Support Standards Act, which, as of March 1, 2024, sets the combined income cap at $183,000. Custody is decided under the best interests of the child standard. Under CPLR 515, effective February 19, 2025, contested divorce cases must be filed in the county where one of the parties or a minor child resides.

New York Contested Divorce Timeline

Contested divorces follow a defined procedural sequence. Knowing what to expect and when helps you prepare and make informed decisions as your case moves forward.

According to the New York State Unified Court System, the general timeline runs as follows:

• Once the divorce summons has been served, a Request for Judicial Intervention (RJI) must be filed within 45 days or within 120 days if both parties file a Notice of No Necessity.
• Both parties must exchange and file a Statement of Net Worth at least ten days before the preliminary conference.
• A preliminary conference is held within 45 days of the RJI filing date, presided over by a judge with both parties present.
• A compliance conference will be scheduled unless the parties file a stipulation of compliance, allowing the court to dispense with that step.
• Discovery must be completed and a Note of Issue filed no later than six months from the preliminary conference date, unless the court adjusts that deadline.
• The divorce trial is scheduled no later than six months from the preliminary conference date.

From summons to trial, the process typically takes around seven and a half months, though cases involving complex financial disputes or custody disagreements often run longer. To get a clearer sense of what your timeline might look like, contact Eiges & Orgel at Ballon Stoll P.C..

Requirements to File for a Contested Divorce in New York

Before filing, you must satisfy New York’s residency and venue requirements.

Residency Requirements

To file for divorce in New York, one or both spouses must meet at least one of the state’s residency requirements:

• Both spouses have lived continuously in New York for at least one year at the time of filing.
• The marriage took place in New York, and at least one spouse lived in the state for at least one year before filing.
• The grounds for divorce occurred in New York, and at least one spouse has lived in the state for at least one year.
• Either spouse has lived in New York continuously for at least two years before filing.

Under CPLR 515, effective February 19, 2025, venue for a divorce action must be in the county where one of the parties or one of the minor children of the marriage resides.

Grounds for Divorce

New York recognizes both no-fault and fault-based grounds for divorce. For a no-fault divorce, the filing spouse must state that the marriage has been irretrievably broken for at least six months. Fault-based grounds include:

• Cruel and inhuman treatment
• Abandonment for at least one year
• Imprisonment for three or more consecutive years
• Adultery

In a contested divorce, the other spouse may challenge the stated grounds, and the court can determine whether they’re valid. Before that happens, parties are expected to attempt resolution through negotiation or alternative dispute resolution methods such as mediation. Courts encourage settlement wherever possible. When no agreement is reached, the judge decides unresolved issues.