Brooklyn Contested Divorce: Legal Process and Requirements Guide

Understanding Contested Divorce in New York State

A divorce is contested when the parties involved fail to agree on key and substantial issues. These may include, child custody, visitation rights, property division, debt division, spousal support, and alimony.

In most cases, a contested divorce is lengthy and complicated. If you are contesting a divorce in Brooklyn New York, it is wise to consult with an attorney.

The process of contesting a divorce in Brooklyn, New York

The New York divorce process begins with an initial filing where one spouse either files a Summons and Complaint or a Summons with notice. The filing officially marks the end of the marriage and the consequent economic partnership.

Once the initial filing has been done, the petitioner has 120 days to issue the summons to their spouse.

Serving Divorce Papers and Response Requirements

After the filing, the court issues serving papers. It is important to note that, the petitioner is not allowed to directly serve the papers to their spouse. A third party such as a divorce lawyer is entrusted with this task.

The lawyer has 120 days to serve the papers. The third party serving the papers must also file an affidavit to show the papers were served. The affidavit should be filed within the next 30 days.

Upon receiving the papers, the other spouse is allowed 20 to 30 days to make a response. The spouse can choose to accept or contest the terms. If the terms are contested, the response is referred to as a Motion or Answer.

Judicial Intervention and Court Procedures

In Brooklyn, and the entire New York, persons who file for a contested divorce and receive an Answer are expected to file a judicial intervention request. This is an official document that serves as an acknowledgment that both parties are on board and that they are making a request for a preliminary conference.

The conference is carried out within 45 days of the acknowledgment of the judicial intervention request.

Preliminary Conference Requirements

In the preliminary conference, the courts determine the issues that require their attention and sets a date for the hearing. In New York, both parties are expected to provide a statement of their net worth 10 days before the set date for the preliminary conference.

If the courts determine that there is some form of agreement on the pertinent issues, it may direct the attorneys representing the parties to try and find an out-of-court compromise on these issues. This helps to save time and money.

In addition to this, an out of court settlement helps the parties to exit the relationship without the antagonism that comes with a court environment.

Discovery Period and Trial Process

If the parties through their lawyers fail to reach an agreement, then the discovery period begins. The discovery stage is the phase where the lawyers gather the information that they will use in court. They also collect the information that may be used against their client.

Once the discovery period is over, the lawyers may hold a meeting to discuss pretrial conclusions. The discovery period should not take more than 6 months after the official conference hearing.

Once the contested divorce goes to trial, both parties argue out their case. The case can take days, weeks or even months, depending on the contested issues and the adamancy of the parities.

At the end of the trial, the judge will issue a rule that is binding on both parties. The ruling can be appealed in a higher court if the parties are not satisfied.

The need for a Brooklyn, divorce lawyer

The very nature of divorce is acrimonious, and this only gets worse in a contested divorce. There are several compelling reasons you should work closely with a Brooklyn, divorce lawyer.

1. Prepare you for the process

Divorce is already hard, even without a court process. To prove their case, the other party will use all means necessary and in most cases, paint you in a bad light. This means that they may call witnesses. These can even be your relatives who you may have confided in.

Preparing you for the unpredictable emotional roller coaster is one of the most crucial roles that the lawyer will play. While a contested divorce will elicit negative emotions, it helps to be prepared and braced for the proceedings.

2. Protect your assets and interests

Asset and debt division is one of the most contested issues in a divorce. In some cases, the equitable distribution rules may not apply. A lawyer is well versed with the asset distribution laws in Brooklyn, and they will represent your best interests.

The lawyer will also tell you what you can expect and areas that you may have to compromise on. The other party will have a lawyer representing them, in the same manner, you need a legal expert to protect your best interests.

3. Custody and visitation rights

Custody and visitation issues are weighty after a divorce. If the two of you failed to reach an agreement, then you will have to prove to the judge why you deserve custody of your children.

If you are the father, then the odds may be stacked against you because in most cases, custodial rights favor the mother. The lawyer can help come up with a joint custody arrangement in a custody hearing that is fair on both parties.

4. Help you with the paperwork and proceedings

A contested divorce often involves a lengthy legal process. On your own, you may not know the necessary documents and the proceedings required to file for a divorce. It is crucial to involve a divorce lawyer right from the onset of the process.

Brooklyn divorce lawyers can make an otherwise lengthy and complex divorce process much smoother.

Legal Representation for Contested Divorce Cases

A judgment of divorce can impact you for years or even decades into the future. It’s important to make sure that your divorce proceeding results in a fair and accurate judgment.

Although it might sound nice not to contest your divorce, an uncontested divorce can forfeit your legal rights, your finances and ultimately your future. If you’re considering a divorce, here’s how our Brooklyn contested divorce lawyers can help:

Identifying the issues – Case Strategy Development

The first step to achieving the right result in your divorce is getting to know you. Expect our team of Brooklyn contested divorce lawyers to ask lots of questions as we start to develop a strategy for your case.

We want to know about your living situation and your current relationship with your spouse. We’ll ask lots of questions about your assets and debts. We like it when our clients ask questions, too.

Once we have a complete picture of your situation, we can create a plan for your case.

Using the legal process to build your case

Our team of brooklyn contested divorce lawyers can work on your behalf to build a strong case. There are a number of ways that you might build a strong case:

We can help you choose from these available case-building strategies in order to determine the best course of action in your case.

Reaching a fair outcome through the legal system means gathering the evidence to paint a clear picture of the case. In many cases, accurately proving the value of the marital estate is enough to negotiate a favorable resolution with the other party.

We want to help you understand how your case falls under New York law. That helps us work with you to make choices for your benefit as your case proceeds.

We can explore how to address unique issues like domestic violence, hidden assets and parental alienation as you work to achieving justice.

Arguing your case in court – Trial Preparation

We prepare for your case to go to court from the very beginning. While most cases don’t end up in a trial, it’s important that we’re prepared just in case. We ready your case for court by making sure that we keep the big picture in mind as we identify issues and gather evidence.

When we work to gather evidence, we make sure that it’s in a form that’s admissible in court. Our team gathers the right appraisals, evaluations and other records so that the court accepts them as evidence in your favor at trial.

Careful case preparation makes all the difference when your trial date arrives.

Managing negotiations and conflict

One of the benefits of working with our team of Brooklyn contested divorce lawyers is that we handle negotiations with the other side. Whether you need to resolve a temporary child custody issue or you need to negotiate the final terms of your divorce judgment, we can handle interactions with the other party.

We have experience and training in how to handle these negotiations so that we can work to achieve an outcome that’s favorable to you even in the most difficult cases.

How the courts decide your case

In New York, the courts decide your divorce case on the basis of equity. That doesn’t necessarily mean that each party receives an equal share of the assets. Instead, the law says that the court must do what’s fair.

That makes it up to you and your legal team to prove to the court what they should do in your case.

You may need to make the case for an award of spousal maintenance. On the other hand, you may need to defend against an unreasonable request. You may ask for an unequal distribution of the assets based on cruelty, violence or adultery.

The court decides child custody and parenting time based on the best interests of the children.

Working for our clients

We work to build the appropriate evidence for each issue that may be present in your case. Our team of Brooklyn contested divorce lawyers knows how important your case is to you and your family.

Together, we create a plan of action to manage conflicts in your case and work to achieve a favorable result.

Contested vs Uncontested Divorce Options in Brooklyn

In the bronx, a spouse has two options when filing for divorce: uncontested and contested divorce. An uncontested divorce occurs when both spouses want

Unfortunately, not all marriages in brooklyn have a “happily ever after” ending. Some spouses choose to legally end their marriages amicably. This means that they file for an uncontested divorce.

The wait at least 12 months to meet New York divorce law regarding separation, then one spouse files a divorce petition.

When Divorces Become Contested

Sometimes spouses are ready to get divorced. One spouse may want the divorce, and the other doesn’t. This can create what’s called a “contested divorce.”

Another reason a divorce can become contested is if the couple can’t agree to divorce terms. Divorce terms are:

1. Division of property
2. Spousal support
3. Child support
4. Child custody
5. Who pays marital debts

Seeking a Contested Divorce in Brooklyn

A person who wants to get divorce even though their spouse does not, can file for divorce. However, New York law requires the spouse to have a reason for the divorce.

The reason is called a grounds for divorce. Without listing grounds for a divorce, the divorce judge will not grant the divorce decree. A divorce decree is a written document given a divorce is finalized.

Grounds for a Contested Divorce in Brooklyn

New York law only recognizes four grounds of a divorce. This means whether a spouse lives in the Bronx or brooklyn, they must pick at least one of the following grounds for divorce:

1. Legal Separation

Spouses living separately and apart according to a written separation agreement for at least one year can file for divorce.

2. Adultery

One spouse cheated. This could be a one-time affair or a long-term affair.

3. Cruel, Inhuman Treatment

Cruel and inhuman treatment happens when a spouse mentally and/or physically abuses their spouse.

4. Abandonment

A spouse leaves their spouse physically. For example, they are sentenced to prison time. A spouse can file for divorce after three years. Another form of abandonment is sexual abandonment. Sexual abandonment occurs when a spouse no longer has sex with their spouse.

The Contested Divorce Process in Brooklyn

Each divorce process starts with the filing for a divorce petition. The spouse who files the petition becomes the plaintiff in the divorce case. The petition outlines the grounds for a contested divorce.

The petition is then sent to the spouse who is sued for divorce. This spouse becomes the defendant in the divorce case.

Response and Defense Requirements

The defendant must file a response to the divorce petition. The response must argue against the contested divorce. New York divorce laws have divorce defenses. These defenses are based on the allegations such as adultery or cruelty.

They must also request for Judicial Intervention (RJI) must be filed no later than 45 days after receiving the divorce petition.

Conference and Discovery Process

A preliminary conference is scheduled. A preliminary conference, or pretrial conference, is a gathering of the spouses and their lawyers to work on issues. If they can resolve the divorce terms, they can avoid going to trial.

A statement of net worth is required about 10 days before the preliminary conference. This means that each spouse must provide the other with information about how much money they have.

Another part of the process includes a discovery. Discovery requires each party to hand over documents such as bank statements. This is used as evidence in the divorce proceeding.

Negotiation and Trial Outcomes

During this time, the spouses will be working to negotiate divorce terms. If the terms are resolved, there’s no need to continue to trial. If the judge agrees with the divorce terms, a divorce decree will be issued.

However, if the couple can’t agree to divorce terms, they’ll go to trial. At trial, each side will present their case on why the divorce should be or shouldn’t be granted.

The judge will rule. If the divorce is granted, the judge will decide the terms prior to issue a divorce decree.

Getting Help with Your Brooklyn Divorce

Divorce is complicated. However, it doesn’t have to take a long time. The process can move quickly when both parties agree to divorce terms.

Whether you are contemplating a divorce or received divorce petition, contact a divorce attorney immediately.

New York Residency Requirements

A divorce attorney will advise you of the New York divorce laws such as residency requirements. A residency requirement is the amount of time you must live in New York before filing for divorce.

The specific amount of time depends on circumstances. However, New York residence requirements vary from one to years that you must live in the Empire State.

Contact us for assistance with your divorce today.