Contested Divorces in New York: How to Get Your Best Outcome
Divorce is never easy. Even if you and your spouse are on friendly terms and are agreeable to the process, it can be fraught with problems. Even worse are divorces where there is true animosity between the couple. These divorces are never simple and can cause many problems for months or years before they are finally settled. If you are going to be getting divorced, there is a good chance that it could be contested.
Let’s get a better idea of what this means and how it differs from uncontested divorces. Then, we’ll cover a few things that can help to make it possible to improve your outcome in these cases.
The Difference Between Contested and Uncontested Divorces
Simply put, a contested divorce means that the spouses are not able to agree to the settlement terms on their own or even with a mediator. In those cases, they will need to have a judge that can help them to resolve their issues through litigation. Most of the time, disagreements that can’t be settled tend to include debt allocation, alimony, child custody, and division of property.
An uncontested divorce, on the other hand, means that the parties agree on most or even all of the matters mentioned above. These types of divorces tend to be simpler and faster, and they don’t have to take place inside a courtroom.
Contested divorces will usually be more expensive, take more time, and tend to take a deeper emotional toll on those involved. Even the children tend to have a more difficult time processing this type of divorce because they see their parents being so angry with one another.
Hire an Attorney
When the specter of divorce is looming over you, whether you initiated the divorce or received the papers, the first thing you have to do is connect with an attorney. Even if your spouse says they aren’t getting an attorney, you need representation. There is a lot at stake when facing a divorce, and you need to be sure you are protected.
As soon as you know you will be getting a divorce, talk with a lawyer. Let them know all of the facts about the divorce, and listen to them as they tell you what other information you will need to provide. The sooner you start working with an attorney, the better. You will find that having an attorney is easily the most important thing you can do if you want to have a favorable outcome from your contested divorce.
You might worry about the cost of hiring an attorney for your divorce. Take a moment to think about just how much you could lose if you don’t have a lawyer on your side. Your attorney should have knowledge and experience with divorces like yours, and they should always have your best interests in mind. If they don’t or for any reason, you don’t feel 100% comfortable with your attorney, change your divorce lawyer.
Take Emotion Out of the Equation
One of the best things about working with an attorney is that they can take the brunt of what comes at you in the divorce. Yes, it will still be challenging and emotionally taxing, but they can help you remove the anger and other emotions you are feeling. You can start to focus on what’s important rather than the feelings of resentment that you may have.
Could Prenuptial or Postnuptial Agreements Help?
If you have a prenuptial or postnuptial agreement already in place, this can often help with some of the important issues that come up in the divorce. Typically, the judge will follow the terms of that agreement, but the other party can challenge it. Additionally, these agreements may not cover all of the issues in the divorce.
However, having an agreement ahead of time can help to reduce some of the headaches of divorce. Of course, not everyone has these agreements already in place.
Negotiation Is Still a Possibility
One of the other things to keep in mind is that even though you might be going through a contested divorce, there is still the possibility of negotiation. As the divorce proceeds, you and your spouse might find that it is easier for you to agree on certain things and to make concessions so everyone is happy. It doesn’t always work, but it is always worth exploring if you and your attorney think it might be possible.
Get in Touch with the Best Divorce Lawyers in NYC Today
As mentioned, when you are going through a contested divorce, you need to have legal representation to ensure your spouse and their attorney are respecting your rights. It’s time that you connected with an experienced divorce attorney who can help you with your case and ensure you get the best outcome possible.