Long Island Contested Divorce Attorney
Comprehensive Legal Support in Long Island, NYC & the Tri-State Area
It is unfortunate, but in divorces that do not end on an amicable note, it is highly likely that there will be complications involving the final agreements. In the event that the spouses are unable to make mutual decisions on the divorce terms, their case will be taken to court. In legal terms, this is called a "contested divorce."
At }, we have significant experience in handling contested divorces and can help your case toward an agreeable conclusion. We are known for our:
- 20+ years of experience
- Accessible legal service
- Honest legal counsel
To learn more about what it is like to work with our legal team, check out our attorney's profile.
Get started with a free consultation with our contested divorce attorneys in Long Island—call (516) 324-3138 or reach out online today.
What Is a Contested Divorce?
As mentioned, when a divorce cannot be settled without the interference of a judge, it is known as a contested divorce. But what does this mean exactly?
In essence, it means that the spouses do not agree on some or all matters related to the end of their marriage. These are known as the "main areas of divorce." In contested divorces, the judge must issue a decision on these areas for the spouses because they cannot come to an agreement on their own.
The main areas of divorce include:
The above will all be determined by the judge based on factors including the income and financial state of each spouse, familial contributions that include financial and non-financial contributions, and even the spending habits of each spouse.
Step-by-Step Guide to the Contested Divorce Process
A contested divorce is typically a lengthier and more complex process than an uncontested divorce. Below are the general steps involved in a contested divorce:
- Filing the Divorce Petition: The process begins when one spouse files a divorce petition with the court. This petition outlines the grounds for divorce and the issues the party is seeking to resolve. The other spouse is then served with divorce papers.
- Response and Discovery: The spouse served with the divorce petition has a limited time to respond. If they disagree with the terms, they can file a response, which can include their own demands. The discovery phase begins, during which both parties exchange relevant information about assets, debts, income, and other important matters.
- Negotiation and Settlement: Before the case goes to trial, both parties will often try to negotiate a settlement. This may involve mediation or settlement conferences, where a neutral third party helps facilitate negotiations. A Long Island contested divorce attorney can negotiate on your behalf, working to secure an arrangement that meets your needs.
- Trial: If no settlement is reached, the case proceeds to trial. During the trial, both parties will present evidence and witness testimony. A judge will make final decisions regarding the contested issues, such as child custody, property division, alimony, and child support.
- Final Judgment: Once the judge has made their decisions, a final judgment of divorce is issued, and the terms of the divorce are legally binding.
How Long Does a Contested Divorce Take in Long Island?
A contested divorce in Long Island, New York, typically takes longer than an uncontested divorce. The duration can vary significantly depending on factors such as the complexity of the issues involved, the willingness of the parties to negotiate, and the court’s schedule. On average, a contested divorce can take anywhere from6 months to over a year, with some cases even extending longer if they involve particularly complicated matters.
Understanding the Costs of a Contested Divorce in NY
The cost of a contested divorce in New York can vary widely depending on several factors, including the complexity of the case, the level of conflict between the parties, and whether the case goes to trial. On average, contested divorces can range from $5,000 to $25,000 or more, but this estimate can fluctuate depending on the specific circumstances.
Overcoming Challenges in Contested Divorce in New York State
Contested divorces can be extremely expensive and place extra emotional and financial stress on those involved, often resulting in a much more hostile process. These types of divorces can be even more painful when there are children involved. It is all too easy for an emotional rift to open between the parents, impacting the children.
With the help of a Long Island family lawyer, however, you will stand a better chance of reaching decisions that will help ensure a successful and less damaging divorce.
Contact Our Long Island Contested Divorce Lawyer
If you have found yourself in a position where you realize that it will be impossible to make amicable decisions about your divorce with your spouse, you need assistance from a professional family law attorney who will be able to guide you to the best possible solution.
Let our team at Jonathan E. Kroll & Associates, PLLC help you navigate the process. We will do everything in our power to expedite the divorce. And we will make sure to advocate for your rights and best interests along the way.
For a free consultation, contact a Long Island family law attorney online or call (516) 324-3138 today.