New York City Contested Divorce Lawyer 

Assisting Clients With Contested Divorce Matters in New York

When the foundations of a marriage crumble, and the path to separation becomes complex, Eiges & Orgel, PLLC stands as a beacon of legal expertise in contested divorces. Our seasoned attorneys are dedicated to providing unparalleled representation for individuals facing the challenges of a contested divorce in the vibrant city of New York. Understanding the intricacies of divorce law, we strive to guide our clients through the legal labyrinth with diligence and skill.

Call Eiges & Orgel, PLLC today at (347) 848-1850 or contact us online to schedule a meeting with our contested divorce attorney in New York City!

What is a Contested Divorce?  

A contested divorce occurs when spouses cannot agree on one or more key issues, necessitating judicial intervention to resolve disputes. These disputes can encompass a spectrum of matters, including but not limited to:

• Asset division
• Child custody
• Visitation
• Child support
• Spousal support

At Eiges & Orgel, PLLC, we recognize the emotional toll a contested divorce can take, and we are committed to safeguarding our client's interests with a focus on achieving optimal outcomes. 

Common Reasons For a Contested Divorce

There are three primary reasons a divorce may be contested., which include:

• Your spouse does not want a divorce.
• You and your spouse disagree on the grounds for divorce or the legal reasons to end your marriage.
• You and your spouse cannot agree on child custody and support, spousal support, or the division of assets.

Generally, this is a far more expensive and time-consuming approach to divorce, as you and your spouse will need to go to the Supreme Court to have a judge hear all evidence related to the disputed matters and then issue a ruling.

How is Property Divided in a Contested Divorce?

Property is divided per the equitable distribution law of New York. This does not mean that it is necessarily split 50/50, but that the division is based on what the court considers to be fair, taking numerous factors into account, including:

• The length of the marriage
• The age
• The health of each party
• The earning capacity of each party
• Tax implications

Spousal support is determined on a similar basis. Child support depends on the income of the non-custodial parent, and custody rights are based on what the court considers the children's best interests.

New York Contested Divorce Timeline

If a contested divorce is your best or only course of action, you will face a specific timeline and sequence of events. Understanding this process can help you prepare for what is to come.

A summary of a contested divorce timeline:

• 45 days to file a Request for Judicial Intervention or 120 days if RJI is unnecessary
• Statement of Net Worth filed ten days before preliminary conference
• Preliminary conference within 45 days of RJI
• Compliance conference scheduled
• Discovery was completed within six months after the preliminary conference
• Divorce trial scheduled within six months after preliminary conference

According to the New York State Unified Court System, the following is the general contested divorce timeline in the state:

• Once divorce summons have been served, a Request for Judicial Intervention (RJI) must be filed within 45 days. You will be allowed 120 days if you and your spouse file a Notice of No Necessity.
• The next step will be to exchange and file a Statement of Net Worth, which must be completed at least ten days before your preliminary conference.
• A preliminary conference will be held within 45 days of the RJI filing date. Both parties must be present for this conference, which is presided over by a judge.
• A compliance conference will be scheduled unless parties file a stipulation of compliance, and the court can dispense of this step. If a compliance hearing is held, both parties must be present.
• Discovery must be completed, and a Note of Issue must be filed no later than six months from the preliminary conference date unless the court has decided to reduce or extend this deadline.
• The divorce trial will be scheduled no later than six months from the preliminary conference date.

Looking at this timeline, the general length between a divorce summons and a trial may be about 7 1/2 months, though the timing will vary from case to case. If you would like to understand better how long you can expect your divorce to take, contact Eiges & Orgel, PLLC.

What Are the Requirements for a Contested Divorce in New York?

Several key requirements must be met to file for a contested divorce in New York:

Residency Requirements: To file for divorce in New York, one or both spouses must meet the state's residency requirements. These include:

• Both spouses living in New York at the time of filing and having lived there continuously for at least one year.
• The marriage took place in New York, and at least one spouse had lived in the state for at least one year before filing.
• The grounds for divorce occurred in New York, and at least one spouse has lived in the state for at least one year.
• Either spouse has lived in New York for at least two continuous years before filing for divorce.

Grounds for Divorce: New York allows both fault-based and no-fault grounds for divorce. For a no-fault divorce, the spouse filing must state that the marriage has been irretrievably broken for at least six months. Fault-based grounds include:

• Cruel and inhuman treatment
• Abandonment for at least one year
• Imprisonment for three or more consecutive years
• Adultery

In a contested divorce, the grounds for divorce may be challenged by the other spouse, requiring the court to determine whether the grounds are valid.

Attempts to Resolve Disputes: Before the court takes over, parties in a contested divorce must attempt to resolve their disputes through negotiations or alternative dispute resolution methods like mediation. Courts often encourage settlement to avoid a lengthy trial, but if no agreement can be reached, the judge will decide the unresolved issues.