Recent statistics from the CDC show that almost 700,000 divorces occur each year. Unfortunately, many of those cases involve conflict. While divorce is never easy, when one spouse doesn’t agree to the terms, the process can quickly become even more complicated. Disputes over property, assets, child custody, or spousal support are common and can turn an already emotional situation into a legal battle. If you’re facing a divorce and can’t reach an agreement with your spouse, working with a contested divorce lawyer like Michelle Cimino can help protect your rights and guide you through the challenges ahead.
The Contested Divorce Process: What To Expect
Starting the Process
A contested divorce begins when one spouse, called the plaintiff, files the necessary paperwork (either a Summons with Notice or a Summons and Verified Complaint) with the County Clerk’s Office. This officially starts the case. The plaintiff must then serve the papers to the other spouse, the defendant, within 120 days.
Once served, the defendant has a chance to respond. They usually have 20 days to reply if they live in New York, or 30 days if they live out of state. In their response, they can challenge the divorce itself or dispute specific terms, such as property division, custody, or support.
If the divorce remains contested, the plaintiff files a Request for Judicial Intervention (RJI) to have a judge assigned to the case. Both spouses will also complete and exchange a detailed Statement of Net Worth, which outlines their finances.
Working Toward a Resolution
After a judge is assigned, the court schedules a preliminary conference. During this meeting, both parties and their divorce attorneys meet with the judge to identify the issues still in dispute, set deadlines, and discuss the possibility of a settlement.
From there, the case enters the discovery phase. This is when each side gathers and exchanges evidence, including financial records and other relevant documents, to support their positions. The court may hold additional conferences to check progress and keep the case on track.
At any point in the process, the spouses can choose to settle. Many contested divorces are resolved without going to trial, often through negotiations or mediation. Settling can save time, stress, and legal expenses.
When a Trial Is Necessary
If an agreement isn’t reached, the case proceeds to trial. Both spouses present their evidence and arguments, and the judge makes the final decisions on all contested issues. Trials can span multiple court dates, especially if there are challenging custody matters or complex financial disputes to resolve.
Once the judge issues a Judgment of Divorce and it’s filed with the County Clerk, the divorce becomes final. Any remaining disputes after that become post-judgment matters.
Working with an experienced contested divorce lawyer throughout this process can make a big difference. Your lawyer will guide you through each step, protect your rights, and help you work toward the best possible outcome for your future.
The Impact of a Contested Divorce
A contested divorce can significantly affect both your emotional well-being and the outcome of your case. When spouses cannot agree on key issues, like child custody, child support, property division, or alimony, the court must step in. In these situations, a judge becomes the decision-maker, reviewing all the evidence and arguments before issuing a ruling. For example, if you and your spouse cannot agree on a custody arrangement, the judge will evaluate the circumstances and decide what they believe is in the best interests of your children.
While the court strives to make fair decisions, leaving these choices to a judge often means you and your spouse lose control over the outcome. That’s why it’s in everyone’s best interest to try to reach agreements during mediation whenever possible. Mediation gives you the opportunity to work through disagreements with the help of a neutral third party, and it allows you to have a say in the final terms.
An experienced contested divorce lawyer can play a vital role during this process, advocating for your interests and helping you navigate disputes effectively. With the right guidance, you may be able to resolve even the most difficult issues without leaving the final decision entirely in the court’s hands.
Take Control of Your Divorce Today
Every contested divorce brings its own unique challenges, but you don’t have to give up control of your future. With the right legal guidance, you can work through disputes strategically and protect what matters most to you. At The Cimino Law Firm, we help clients like you navigate the complexities of contested divorce with clear advice, strong advocacy, and a focus on achieving the best possible outcome. Schedule a consultation today to start moving forward with confidence.
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