Contested Divorce Lawyer

If you’re facing a contested divorce proceeding, it means you and your spouse haven’t agreed on key issues, and now you need legal help to sort them out. This situation is quite common among couples trying to end their marriage. The disagreements can be about anything – who gets what, who takes care of the kids, or how much support one spouse should give to the other. These aren’t just legal questions; they’re personal and deeply affect everyone’s future.

At Brian D. Perskin & Associates P.C., we get how tough and emotional these battles can be. We blend legal expertise, careful planning, and compassion for our clients in our approach to handling these sensitive cases. Our attorneys, with their vast experience in New York family law, are experts at dealing with the complexities of contested divorce proceedings. We’re all about supporting our clients, working hard to get results that protect their interests and rights.

How Our Team Handles Contested Divorce Proceedings

When facing a contested divorce we start by really getting to know your case, pinpointing the exact problems you’re facing. Then, we craft a strategy tailored just for you, aiming to move through the process smoothly and stand up for what’s important to you. Whether we settle things out of court, go through mediation, or end up in a trial, we’re focused on getting you a fair outcome that helps you start a new chapter in your life.

Navigating the Contested Divorce Process in New York

Separation is a challenging journey, and when disagreements arise, navigating this path requires understanding and guidance. Unlike uncontested divorces where both parties agree on the terms of their separation, contested divorces arise from disagreements on critical issues such as asset division, child custody, spousal support, and more. In New York, the contested divorce process is governed by specific legal frameworks designed to ensure fair proceedings and outcomes for both parties involved.

What To Expect From A Contested Divorce In New York

The start of a contested divorce proceeding in New York is a process filled with complexities and emotional challenges. Here are various considerations that need to be made when going through a contested divorce proceeding in New York:

Emotional and Financial Toll

Contested divorce proceedings often take a heavier emotional and financial toll on both parties. The adversarial nature of resolving disputes through legal means can prolong the process, increasing both the emotional stress and the financial costs associated with legal fees, court appearances, and potentially expert witness expenses.

Need for Detailed Documentation

Individuals undergoing contested divorce proceedings must be prepared to provide detailed documentation and evidence to support their claims and positions. This includes financial records, communications, and any other documents that can substantiate one’s case in disputes over assets, custody, and support.

Legal and Procedural Complexity

The legal and procedural aspects of a contested divorce proceeding are significantly more complex than those of an uncontested divorce. This complexity necessitates a thorough understanding of New York laws, court procedures, and strategic legal planning.

Importance of Professional Guidance

Given the stakes involved, the guidance of experienced legal professionals becomes invaluable. An attorney skilled in contested divorce proceedings can navigate the intricate legal landscape, advocate effectively on your behalf, and work toward achieving a resolution that aligns with your interests and goals.

Uncertainty and Time

Contested divorce proceedings are inherently unpredictable. The outcome can be uncertain, and the timeline can extend much longer than anticipated, depending on the complexity of the disputes and the court’s schedule. Patience and resilience are crucial traits for anyone navigating this challenging process.

Key Stages in Contested Divorce Proceedings

Contested divorce proceedings in New York follow a structured path from initiation to resolution. Here’s what to expect:

Filing and Serving Papers

The process begins with one spouse filing a Complaint for Divorce, which must then be properly served to the other spouse. This document outlines the grounds for divorce and the initiating spouse’s demands.

Discovery

Following the initial filing, both parties engage in the discovery process, exchanging all relevant documents and information. This stage is critical for gathering evidence, including financial records, to support each party’s case.

Pre-Trial Motions and Settlement Efforts

Before the trial, there may be several court appearances and out-of-court efforts to negotiate aimed at reaching an agreement on disputed issues. This phase can include temporary orders for child support, custody, or spousal support.

Trial

If settlement efforts do not result in an agreement, the case proceeds to trial. During the trial, both parties present their evidence and arguments, and a judge makes the final decisions on all contested issues. 

The Role of Hearings in Contested Divorces

Hearings are critical components of the contested divorce process, serving as formal meetings before a judge where temporary orders and urgent matters are addressed. These may cover financial support, custody arrangements, or protective orders pending the final decree. Hearings provide a platform for both parties to present their immediate needs and concerns, influencing the course of the proceedings.

Trial Readiness: Preparing for Your Day in Court

Trial readiness is a strategic process involving thorough preparation and understanding of the legal implications of your case. Preparing for a trial in New York involves the following:

Gathering and Organizing Evidence

Financial statements, property valuations, emails, text messages, and even social media postings can all serve as critical pieces of evidence in a contested divorce proceeding. Ensuring that all evidence is accurately gathered and properly organized is crucial for building a strong case.

Witness Preparation

The process of witness preparation involves identifying individuals who have firsthand knowledge of the marital issues at hand, whether they are financial experts (expert witnesses), family members, or close friends (non-expert witnesses). Preparing these witnesses for trial means coaching them on how to effectively communicate their testimony, understanding the questions they might be asked, and handling cross-examination by the opposing counsel. A well-prepared witness can provide invaluable support to your case, offering clear, credible, and compelling testimony.

Legal Strategy Development

Developing a comprehensive legal strategy requires a deep understanding of family law, a creative approach to problem-solving, and an ability to adapt to new information and changing circumstances. Your attorney’s expertise and experience become indispensable at this stage, guiding you through the complexities of the legal system and ensuring that your case is presented in the most favorable light possible.

Psychological Preparation

Preparing yourself mentally for the challenges ahead, including the possibility of facing your spouse in court, is essential. This preparation might involve discussions with your attorney about what to expect during the trial, seeking support from counselors or therapists, and building a support system among family and friends.

We Have Trial Experience

The prospect of a trial can be daunting. Many attorneys may shy away from litigation, preferring to settle things outside of court. However, our philosophy at Brian D. Perskin & Associates P.C. is grounded in robust trial readiness. We excel under the pressures of the courtroom, backed by a track record of success in managing complex cases, including those involving significant assets or custody battles. Our trial experience is not just a testament to our skill but a foundation for our confidence in providing you with the best possible representation.

How We Can Help 

Going through a contested divorce proceeding can be tough, with a lot of challenges along the way. But with Brian D. Perskin & Associates P.C. supporting you, you’re not on your own. Our team uses their extensive legal knowledge, negotiation know-how, and trial experience to fight for you. We handle the legal maze, so you can concentrate on moving ahead.

Choosing the right lawyer makes all the difference. With us, you’re not just getting a lawyer. You’re getting a dedicated team eager to get the best for you and your family. Reach out to us to see how we can help during this difficult time, providing the legal support and advice you need.