New York Contested Divorce Lawyer
The Difference Between Contested & Uncontested Divorce
Many couples going through a divorce in New York will turn to the courts to help them sort out all aspects of their separation—from dividing debts and distributing property to determining child custody and support payments. If a couple cannot come to an agreement on some of these issues without intervention from the court, they will enter into what is called a “contested divorce.”
This term can mean several different things. First, it can be used to describe a divorce where one party argues that the other doesn’t have grounds for divorce, thus trying to prevent it. In this case, the divorce itself would be contested. More commonly, however, it is used to describe a divorce where both parties have agreed to a divorce, but cannot agree on issues such as child custody or property division.
Temporary Orders in Contested Divorce
In some cases, a divorce attorney will ask the judge to make temporary orders. This can help direct the payment of bills, mortgage payments, child support, spousal support and lawyers’ fees early in the case so that if one spouse stops paying the bills or providing the other with spending money, the court can order support. This will provide temporary relief that may remain in effect until the divorce is finalized.
In New York, a typical contested divorce will take several months, or longer, to complete. As you may have already discovered, life doesn’t stand still during this time. By establishing temporary orders, a non-monied spouse can pay some bills while the case is pending. These orders will generally stay in effect until the final divorce decree is entered or an agreement is reached by the divorcing parties.
During the Pending Divorce
While a divorce is pending, each spouse’s lawyer can request discovery from the other spouse—which may include information and documents almost anything related to the financial or custody issues involved in the divorce.
Some of the information your attorney might request includes:
- Deeds or titles to property
- Bank statements, checks and deposit records
- Credit card bills and other spending records
- Proposed witness lists
- Business account records
The Trial
If your case cannot be settled, there will be a trial, during which the judge will hear evidence from both sides on all issues that have been raised. This could include witness testimony, testimony from either spouse, financial records, police or medical reports, or any other form of admissible evidence—all of which will help the court decide the facts and establish division of assets and debts and the best interests of the children.
Once the trial has been concluded, the judge may enter a ruling from the bench or take the matter under advisement and render a decision at a later time. In some jurisdictions, if the divorce has been pending for an extended period of time without any foreseeable resolution, the judge may schedule a status conference to see if a settlement would be possible before taking the case to trial.
For more information about contested divorce, call us at Lois M. Brenner, Esq.: (646) 663-4546.
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“First, you were so easy to talk to and second, you really know what you are doing!”- Sharon
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Connecting with Lois was the best thing that could have happened during what has been very difficult and fraught divorce. Lois took on my case with knowledge, wisdom and care that have been above and beyond in every way. She recognized abusive and unstable behavior in my ex-husband, and offered both strong legal guidance, as well as personal encouragement and strength to stand up to him. Her support has been invaluable to me, and I am so deeply grateful for everything she has done in helping forge a better more stable future for me and for my son.- SC
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Thank you Ms. Brenner! It was a rough summer trying to get our parenting agreement together.but you really helped. My ex-husband and I fought all summer about what the children's schedule would be once school started. Your endless guidance and productive sessions with us made all the difference. You straightened us out with your sound, caring advice. We both feel better now. Our kids feel better too. Thank you, thank you. We hope you had a great summer. We will recommend you highly to anyone needing a family law attorney.- Brenda
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“We are forever grateful!”- Donna and Frank
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Lois is a “Rock Star” I was very worried about my daughter who was in a really bad marriage. I started researching divorce attorneys and found Lois Brenner. I called her, discussed my daughter’s horrible marriage and she agreed to meet with us. Since my daughter’s husband wanted out of the marriage too (he was cheating), Lois suggested she help them dissolve their marriage in mediation. To my surprise it worked out. Lois was able to keep my daughter and husband from fighting during their sessions, and she helped them resolve all their financial issues. Since I was paying the fees to help my daughter, not having to go to court saved us a great deal of money. As a father, I am truly grateful for everything Lois did. Her talks with me in the beginning of the process, to calm me down, really helped. I would highly recommend her to anyone thinking of divorce.- Graham (happy dad)
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I had a complicated situation wherein I had to get a divorce through publication as my husband and I had not been in contact for 5 years and I was out of the US for a few years. (it was an abusive marriage) I reside in Buffalo and I spoke with several attorneys locally but I did not feel that any of the local attorneys were able able to understand my situation. Some suggested that I locate my husband, and each one of them wanted to start by identifying and listing the assets. Unsatisfied, I started looking for attorneys in NY city, and I found Ms. Brenner through Avvo. During the consultation, she was extremely kind and understanding and agreed to take on my case. Ms. Brenner helped me get a divorce through publication and she/her team took care of everything. All I had to do was provide her with documentation. I am grateful to Ms. Brenner for helping me get out of a sticky stressful situation. I would definitely recommend her to anybody in a similar situation. Thank you, Ms. Brenner.
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“We saved thousands of dollars!”- Gloria
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Lois is a “Rock Star” I was very worried about my daughter who was in a really bad marriage. I started researching divorce attorneys and found Lois Brenner. I called her, discussed my daughter’s horrible marriage and she agreed to meet with us. Since my daughter’s husband wanted out of the marriage too (he was cheating), Lois suggested she help them dissolve their marriage in mediation. To my surprise it worked out. Lois was able to keep my daughter and husband from fighting during their sessions, and she helped them resolve all their financial issues. Since I was paying the fees to help my daughter, not having to go to court saved us a great deal of money. As a father, I am truly grateful for everything Lois did. Her talks with me in the beginning of the process, to calm me down, really helped. I would highly recommend her to anyone thinking of divorce.- Graham (happy dad)