Contested Divorce in New York

When a couple files for divorce and cannot agree on one or more major issues, like property division, alimony, or child custody, the divorce generally becomes contested. These cases typically involve litigation and intervention by the courts. Unfortunately, this means that contested divorces are often longer, more expensive, and emotionally draining when compared to an uncontested divorce, in which the couple agrees on all major issues. Understanding the contested divorce process in New York can help those going through a disputed divorce understand what to expect and learn how to proceed.

Understanding a Contested Divorce in New York

The harsh reality is that divorce is usually not easy. There are a lot of difficult emotions that need to be pushed aside in order to get everything taken care of. This is easier said than done. However, it is important that a couple can communicate and work together to make decisions that must be made in order to handle all of the matters that are necessary when getting divorced. When the couple does not agree on a particular aspect of divorce, or even on many different aspects, the matters become contested.

In New York, contested divorces proceed through the New York State Supreme Court system. In general, contested divorces can involve prolonged negotiations, required court hearings, full financial disclosure, and decisions made and enforced by the court. It’s critical to understand, however, that due to the unique nature of divorce, the length, process, and outcome can depend on the complexity of the marital estate, whether or not the couple has children, and whether any allegations of financial fraud arise.

Common Reasons a Divorce Becomes Contested

• A spouse disagrees with the proposed parenting time or custody arrangements
• A couple cannot agree on child support amounts
• The couple cannot agree on how to divide marital assets
• One spouse claims separate property as marital
• Claims of hidden or concealed assets arise
• A spouse believes they should not be obligated to pay alimony
• One spouse contests the grounds on which the divorce was filed
• There are disagreements regarding the value of a business owned by a spouse

How Long Does a Contested Divorce Take in New York?

As mentioned, the timeline for a contested divorce is dependent on a number of factors, including:

• The degree of conflict between the spouses
• The complexity of the assets held by individual spouses and the marital estate
• If the couple shares children
• Suffolk County court schedules
• If mediation or settlement is reached

While some contested divorces may be settled in several months, others can take considerably longer, at over one year.

Child Custody and Parenting Disputes

Some factors that are commonly contested are those related to finances, property, and children, if there are any. The factors in a divorce related to the children are often the most emotional. No parent wants to lose time with their children, whom they once saw every day. When the court has to make decisions about child support, relocation, visitation times, or child custody, the court is always going to rule in the best interest of the child. Keep in mind that what the court believes is in the best interest and what you believe is in the best interest may not align.

It’s important to understand that the Suffolk County Court, and courts throughout New York, must make all decisions regarding a child, including child custody, in accordance with the child’s best interests standard. This requires the court to prioritize the health, well-being, safety, development, and stability of the child above all else.

Factors Courts Consider in Child Custody Cases

• The age and health of each parent
• The ability of each parent to provide a safe and stable home
• Each parent’s job schedule and responsibilities
• Any history or allegations of neglect, abuse, domestic violence, or substance abuse
• The willingness of each parent to support their child’s relationship with the other parent
• The child’s preference, depending on their age and maturity
• Any other factors deemed relevant by the court

Child Support Issues in a Contested Divorce

In addition to child custody, child support is one of the most commonly contested matters in a divorce. In general, the courts in New York use the Child Support Standards Act (CSSA) to determine payment obligations. However, the court will also consider the following factors and adjust the amount as needed:

• The income of both parents
• If the child has any special medical, developmental, or educational needs
• Parenting time and custody arrangements
• Current support obligations from prior relationships

Property Division and Financial Disputes

Other matters that are frequently contested in a divorce are the division of assets and debts. One spouse may not believe that they should have to pay back a certain debt, or they want to keep a specific asset. Equitable distribution does not always mean equal. Other situations that are frequently contested involve an award of spousal maintenance. The court is going to make the final decision on these matters if they are contested and you might not always get what you want. It’s important to go into a contested divorce mentally prepared not to get everything you ask for.

In New York, the courts adhere to the equitable distribution of assets method of handling marital property during a divorce when a couple is unable to reach an agreement on their own. As such, all marital assets will be divided based on each spouse’s financial and domestic contributions to the marriage. In addition, the court will consider the financial circumstances of each spouse when making these decisions.

Assets Commonly Disputed During New York Divorces

• Marital homes
• Investment portfolios
• Retirement accounts and pensions
• Joint bank accounts
• Commingled inheritances
• Credit card debts
• Real estate
• Vehicles and personal property

What Is Spousal Maintenance?

Spousal maintenance, more commonly known as alimony, is a form of financial support awarded to one spouse. Contrary to popular belief, alimony is not automatically awarded to the lower-earning spouse, and instead must be requested. Before awarding alimony, the court must determine whether or not the requesting party requires the support, and if so, the amount and duration of payments.

What Is the Process for a New York Contested Divorce?

A contested divorce generally proceeds through several legal steps, and understanding the process can reduce uncertainty and ensure those navigating this process can prepare. In many New York Contested Cases, including those in Bohemia, Islip, Huntington, and the surrounding Long Island communities, discovery is necessary to ensure the courts can adequately determine matters related to alimony, child support, and property division.

Stages of a Contested Divorce

• File the divorce petition
• Serve the other spouse with papers
• File a formal response
• Attend preliminary hearings
• Disclose all financial information
• Attempt mediation when appropriate
• Negotiate and discuss settlements
• Trial before a judge if a settlement cannot be reached
• Receive the final divorce decree, finalizing the dissolution of the marriage

Contact an Experienced Suffolk County Divorce Attorney Today

If you are looking to file for divorce or you were recently served papers by your spouse, it’s critical to understand that you do not have to navigate the divorce process on your own. At Peter Mandi & Associates, we understand how difficult these matters can be. That is why our firm is proud to help those in Suffolk County and across Long Island fight for the best possible outcome during these complex matters. When you need help, our firm is here. Contact us today to learn more.