Contested Divorce Attorney – Huntington New York
In New York, a divorce is commenced by the Plaintiff filing either a Summons with Notice or a Summons and Complaint which is then served on the Defendant. Either the Plaintiff or Defendant can seek any relief available in a divorce such as:
- Child custody / visitation
- Child support
- Maintenance – what is commonly known as “alimony”
- Distribution of property
- Distribution of a pension, 401(k) or other retirement account
- Counsel fees
The Divorce is then considered to be contested if the parties cannot agree on the terms of the divorce.
What happens during a contested divorce?
In a contested divorce, the parties first appear in court for a “preliminary conference” and then again for subsequent “status conferences.”
Often, prior to the conference, one party will file a “pendente lite motion” seeking temporary relief during the divorce. This can include exclusive use and occupancy of the marital home, temporary maintenance, temporary child support or a number of additional options. A number of additional motions addressing the substantive aspects and the procedural aspects of a trial can be made during the divorce.
Usually, discovery is the most time-consuming portion of a divorce. This is where each side learns of the other’s assets and liabilities. Initially, each side must provide a “Statement of Net Worth” detailing income, assets and liabilities. Depending on the complexity of the divorce, the parties may utilize discovery tools including interrogatories, depositions, subpoenas, and notices of discovery and inspection.
The court will encourage the parties to settle their case by executing a settlement agreement. If the parties cannot resolve their issues, a trial will be required. At a divorce trial, each side will call witnesses to testify and present evidence. At the conclusion of the trial, the judge will consider all testimony and evidence presented and issue a decision.
Huntington Divorce Lawyer
We were recently rated as 2nd Place in the Best Divorce Attorney Award from the Long Island Press’ Best of Long Island for 2014.
Call us to discuss your rights including child support, child custody, alimony / maintenance, equitable distribution and exclusive use and occupancy of your marital home.
We offer free consultations to all clients. We strive to make our services available to all clients by charging reasonable hourly rates and low retainer fees. Clients receive aggressive and experienced representation throughout their divorce. We will work tirelessly on your behalf to resolve your matter as expeditiously as possible.