Contested Divorce Attorney in Queens, New York
In New York State, the legal process to end a marriage is called a divorce. At times, a couple seeking to end their marriage will seek a contested divorce or uncontested divorce if both can agree on all major issues.
Major issues include custody and child support if there are children of the marriage as well as spousal support for one spouse. It may also include an agreement as to what to do with assets such as a marital residence, vehicles, bank accounts, retirement accounts and liabilities such as credit card debt and a mortgage. Where a couple seeking a divorce cannot agree on all of the major issues listed above, the divorce is classified as contested.
Grounds For A Contested Divorce In Queens, NY
In a contested divorce, the process is commenced by one spouse filing a Summons with Supreme Court and having the Summons and Complaint legally served on their spouse. Once a divorce has begun, it is in both spouses’ interests to view the process as an opportunity to find common ground and come to an agreement as to the major issues listed above. The Court will schedule several Court appearances at which the parties must appear and attempt to negotiate an agreement as to the various issues such as custody, child support, maintenance and the division of property.
A divorce is a very strenuous process both emotionally and economically. At times, one spouse may find it difficult to maintain the lifestyle they had during the marriage. As a result, many spouses will file for pendente lite relief which is relief awarded to one spouse while the parties work towards a settlement of the matter. This relief may include requesting the other party to pay child support, spousal support, maintain the carrying charges on the marital residence and other relief which is necessary for one spouse to maintain the lifestyle they had during the marriage.
If the parties cannot agree as to the terms of a divorce settlement, the next step is to proceed to a trial. At a divorce trial, a judge will hear your story. Your story will be told through testimony of witnesses as well as documents called exhibits. Once you and your spouse have presented your stories to the judge, the judge will make a determination as to all issues which you and your spouse could not agree on.
The Biggest Issue With A Contested Divorce
A trial is very expensive; however, it is the next legal step if you and your spouse cannot reach an agreement. As a judge is making a determination as to the specifics of your divorce, the outcome is uncertain.
If you have further questions regarding custody or would like to speak with someone regarding your case, please call (718) 523-1111.