Contested Divorce

NYC Contested Divorce Lawyers

Helping Clients Get Results When it Matters Most

Going through a divorce can be stressful and even traumatic. If your marriage is ending, you may experience a wide range of emotions from grief to anger to relief. These emotions make it difficult to think clearly or pursue your best interests in the divorce order. To make matters worse, divorce litigation can drain your energy and your financial resources.

You can take steps to protect yourself and ensure your rights are protected, no matter what problems arise during your divorce. Even if you hope for an uncontested divorce, you should still consult an attorney to understand your rights.

At Cohen Forman Barone, PC, we have your best interests at heart. We promise to devote our experience, knowledge, and compassion to your case as we seek a favorable solution to your divorce proceedings. Contact us today to schedule your consultation.

What Is a Contested Divorce?

Unlike an uncontested divorce, a contested divorce involves conflict between the divorcing couple. With the many issues that arise in a NYC divorce, it is no surprise that most divorces have some degree of contention. When spouses can’t agree on child custody, spousal support, or how to divide the marital assets, the divorce is considered contested.

Many people think that having a prenup will prevent their divorce from becoming contested. However, this is not always the case. Some couples continue to dispute the meanings and interpretations of certain aspects of the prenup. In other cases, the prenup’s validity is questioned. You can protect your assets and future by contacting the divorce attorneys at our law firm today.

What Issues Most Often Result in Disputes During a NYC Divorce?

Some of the most common issues divorcing spouses experience in New York City include:

  • Child custody – Decisions regarding childcare, legal custody, visitation rights, and parental rights can be highly emotional and stressful. Custody issues often involve determining the best interests of the child, which includes evaluating the child’s age, health, emotional ties, and the ability of each parent to provide care. Courts may also consider changes in circumstances post-divorce to modify custody arrangements if needed.
  • Child support – A higher-earning parent is often ordered to pay child support to the recipient parent. While a judge will make this decision, each party should accurately and honestly demonstrate their ability to pay or need for payment. Child support calculations follow New York’s guidelines, which consider the income of both parents and the needs of the child.
  • Spousal maintenance – Also known as alimony, spousal support is another contested item. Factors influencing spousal maintenance include the length of the marriage, the income disparity between spouses, each party’s health and age, and their future earning capacity. The court aims to ensure fair support while encouraging financial independence where possible.
  • Equitable division of the marital estate – Dividing the marital estate is among the most hotly contested items in many New York divorces. The assets will need to be categorized as either separate or marital property, which often comes under dispute. Valuation of complex issues like family businesses or a partnership is also common. New York follows equitable distribution principles, meaning the division is fair but not necessarily equal. This process can be complicated by community property considerations and the need to account for marital property subject to division, including retirement accounts and other investments.
  • Divorce decree terms – The final divorce decree outlines the resolution of all contested issues, including custody, support, and property division. Disagreements may arise over the specific terms and enforcement of the decree, requiring legal guidance to ensure compliance.
  • Grounds for divorce – While New York allows no-fault divorce based on irretrievable breakdown of the marriage, some contested divorces involve fault grounds such as cruel and inhuman treatment or abandonment by one spouse. Establishing these grounds can impact negotiations and court decisions.
  • Other family law matters – Cases may also involve disputes over name changes, enforcement of prior agreements, or modifications to existing orders related to custody or support.

Understanding these common points of contention can help divorcing couples and their attorneys prepare for the complexities of contested divorce proceedings and work toward resolutions that protect their interests and those of their children.

How Can Your NYC Contested Divorce Attorneys Help Me?

Hiring a divorce attorney is one of the best steps to take during your contested divorce. Your attorney can ensure the divorce papers are filed correctly, help inventory the marital estate, represent you in family court, and advise you throughout the legal process. With a knowledgeable attorney, you can rest assured that your rights are protected.

Our divorce lawyers are highly skilled in many family law cases, including domestic violence, contested divorce, high net worth divorces, postnuptial agreements, prenups, and other matters of litigation. Let us help you achieve the divorce settlement you deserve. Call our legal team now.

In contested divorce cases, our experienced attorneys take a strategic approach to address the key issues that often arise, such as custody disputes, equitable distribution of assets, spousal maintenance, and child support. We understand that these matters can be emotionally charged and legally complex, especially when significant assets, business interests, or debts acquired during the marriage are involved.

Our team is well-versed in New York family law and court proceedings, including navigating the Supreme Court and Family Court systems. We work diligently to protect your financial future and parental rights, ensuring that your interests are represented in court appearances and negotiations.

Additionally, we assist clients in drafting and reviewing separation agreements and written settlement agreements to resolve disputes amicably when possible, helping to avoid the time-consuming and stressful situations often associated with lengthy litigation.

For those seeking a faster resolution, we also provide guidance on the unique online divorce process available in New York, facilitating an affordable uncontested divorce when appropriate. However, when disputes cannot be resolved without court intervention, our skilled contested divorce lawyers are prepared to advocate aggressively on your behalf.

Choosing our firm means you will receive exceptional legal services tailored to your unique circumstances, with compassionate support throughout the entire divorce process. We are committed to helping you achieve a fair and equitable outcome while minimizing the emotional and financial toll of divorce in New York State.

Should You Hire Our NYC Contested Divorce Lawyers?

Your choice of attorney can impact nearly every aspect of your life, from your relationship with your children to your financial security. With our law firm by your side, you can let us handle the legal nuances of the divorce process so you can move forward with your life.

Our New York contested divorce attorneys have vast experience helping clients with a wide range of legal issues and are ready to aggressively represent you, no matter what obstacles you’re facing.

If you and your spouse are experiencing irreconcilable differences or if you have grounds for a fault-based divorce, let us help. We will fight for you both in and out of the courtroom until we reach a favorable agreement on your behalf.

Our New York contested divorce attorneys serve Midtown Manhattan and many other areas of New York City, Westchester, Long Island, and Connecticut. Contact us immediately to schedule your consultation.

Frequently Asked Questions About Contested Divorce in New York

How long does a contested divorce take in New York?

A contested divorce in New York can take anywhere from one to three years, depending on the complexity of the issues involved. Cases with significant disputes over child custody, high-value assets, or business valuations tend to take longer. If the parties can reach a settlement before trial, the process may be resolved more quickly. An experienced attorney can help streamline proceedings and avoid unnecessary delays.

How much does a contested divorce cost in New York?

Costs vary widely based on the complexity of your case, the number of disputed issues, and how long litigation lasts. Attorney fees, court filing fees, expert witness fees (such as business valuators or forensic accountants), and other costs can add up significantly. Because contested divorces are inherently more expensive than uncontested ones, having skilled legal representation from the start can actually save money by helping you reach an efficient resolution.

Can a contested divorce become uncontested?

Yes. Many cases that begin as contested divorces are ultimately resolved through negotiation or mediation before reaching trial. If both spouses can come to an agreement on the key issues — custody, support, and property division — the divorce can be finalized as an uncontested matter. Our attorneys work to explore every opportunity for settlement while remaining fully prepared to litigate if needed.

What is the difference between legal separation and divorce in New York?

A legal separation allows spouses to live apart and divide their assets and responsibilities without legally ending the marriage. Some couples choose this option for religious reasons, to maintain health insurance coverage, or to evaluate whether they want to permanently end the marriage. A separation agreement can later be converted into a divorce decree after one year. Our attorneys can advise you on whether separation or divorce is the better path given your circumstances.

Does it matter who files for divorce first in New York?

In most cases, filing first offers no significant legal advantage in New York. However, the spouse who files (the plaintiff) does present their case first at trial. In some situations, being the first to retain an attorney and begin organizing financial records can be strategically beneficial. We recommend consulting with an attorney as early as possible so you are not caught off guard.

Can fault grounds affect the outcome of my divorce?

New York allows both no-fault and fault-based divorce. While fault grounds — such as cruel and inhuman treatment, adultery, or abandonment — do not directly determine how assets are divided, they can influence certain aspects of your case, including spousal maintenance determinations. Raising fault grounds also tends to make the divorce more contentious and expensive. Our attorneys can help you assess whether pursuing fault grounds makes sense in your situation.

What happens to the family home in a contested divorce?

The marital home is typically subject to equitable distribution. Courts consider factors such as which spouse has primary custody of the children, each party’s financial ability to maintain the home, and whether it makes more sense to sell the property and divide the proceeds. In some cases, one spouse may buy out the other’s interest. Our attorneys work to ensure your housing interests are protected throughout the process.

Do I have to go to court for a contested divorce?

Not necessarily. Many contested divorces are resolved through negotiation or mediation without a full trial. However, if you and your spouse cannot reach an agreement, a judge will make the final decisions on unresolved issues. Our firm prepares every case as if it will go to trial, ensuring you are in the strongest possible position whether your case settles or proceeds to court. Contact us today to discuss your options.

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