The divorce process is emotionally challenging and legally complicated at best. Finalizing a divorce in New York is particularly difficult if you and your spouse disagree on key issues. Navigating legal proceedings can be overwhelming for those who are unfamiliar with New York State divorce laws, which is why it’s important to have an experienced contested divorce lawyer by your side. An effective family lawyer will help determine a fair compromise and reach an appropriate settlement agreement.
Whenever possible, we recommend that couples work together to file for an uncontested divorce. Uncontested divorces occur when both parties come to the table in agreement upon a variety of issues, including spousal support, division of assets, child custody, and child support. Although there is still a considerable amount of legal paperwork required, an uncontested divorce is generally shorter and less emotionally taxing to divorcing spouses and their children.
However, if even one contested issue exists, then it’s time to go a different route and seek out skilled legal advice from a contested divorce attorney.
New York State recognizes two different types of grounds for divorce: no-fault and fault. A no-fault divorce may be granted on the grounds of irretrievable breakdown in the relationship for a period of at least six months (i.e., ”irreconcilable differences”). Fault grounds for divorce include cruel and inhuman treatment, abandonment, imprisonment, and adultery. Married couples in New York State may also divorce after a legal separation agreement or divorce after a judgment of separation.
Contested divorces add another layer of difficulty due to the sensitive nature of the matters involved. A typical contested issue may fall into one or more of the following categories:
When it comes to seeking a contested divorce NY residents should contact a seasoned divorce attorney at a reputable family law firm to help guide them through the process.
Each state has its own specific process that must be followed to file for divorce. In New York, contested divorces typically follow these steps:
While some couples choose to use a third-party mediator to achieve a divorce settlement, your contested divorce case may be far more complicated and require a contested divorce attorney who will fight for you. Divorce law in New York is very complex, and attempting to handle it on your own comes with considerable risks, both financial and emotional. Working with an experienced attorney in Buffalo and all of the New York City Burroughs will help ensure that you get the results you deserve. Contact David Carr & Associates today to learn more about our contested divorce services in New York.