In a country where more than 50 percent of marriages end in divorce, the ideal way to handle the dissolution of marriages would be for both parties to agree on a fair distribution of property and amicably go their separate ways. While this ideal case does happen in the real world, all too often, those seeking divorce end up in bitter disputes involving child custody, money and assets. When a divorce turns contentious, nothing is more important than having the right legal team at your side. Our experienced and talented lawyers have successfully defended clients in hundreds of divorce proceedings, protecting their property, liquid assets and parental rights.
When equitable distribution isn’t so equitable
Over 70 percent of divorces are initiated by the spouse who makes the least money. This fact alone should give anyone who is thinking of tying the knot serious pause. It is even worse when one looks at the ground-level data. A plurality of those marriages are initiated by a spouse who effectively makes no material contribution to the household income. This becomes even more problematic when we consider the two doctrines of controlling law that guide the process of asset division in a divorces in the state of New York.
The first thing to understand about New York divorce law is that it is a no-fault divorce state. This means, essentially, that either spouse can effectively end the marriage for any reason or no reason at all. While there are some technical requirements, pertaining to documentation, to do this, they are little more than formalities. This means that, at any time and for any reason, the spouse who makes nothing can take away half or more of the productive spouse’s assets. This brings us to so-called equitable distribution.
Equitable distribution sounds good and even looks good on paper. But in practice, it often results in spouses who have not made any material contribution to a marriage hitting what amounts to the matrimonial lottery. Under equitable distribution, spouses can expect to get at least a third of the couple’s assets, no matter what they have actually contributed. This begins to created seriously noxious incentives as a couple acquires more wealth.
For example, a spouse who is part of a couple that has accumulated a net worth of $5 million dollars can reasonably expect to get at least $1.5 million dollars in a divorce. For a 40 year old with little education and minimal job experience, that is more money than they could reasonably expect to make, if they worked 40 hours a week for the rest of their lives. Thus, that spouse has serious incentive to initiate a divorce. And there’s a good chance they could get up to half of the couples assets too.
If it isn’t clear by now, the best move a productive spouse who is facing a divorce initiated by their significant other is to contact an experienced lawyer with proven results. We have both the expertise and the proven track record to ensure that our clients don’t get railroaded by wealth-seeking spouses. Many of our cases are settled through mediation, before they ever have a chance to go in front of a judge. We can protect you, your children and your property.
A contested divorce can be very hard on a family. The decision to dissolve a marriage is hard enough, but once it is volatile and gets dragged out, it can be devastating. Once a marriage is over, it is up to both parties to agree on issues like custody, property and children. In some cases it can be done. But it others, it just add even more gasoline onto a raging fire. In New York, when parties cannot come to an agreed solution regarding child custody, visitation, division of property, or grounds for divorce, it is considered contested.
You will need to contact a strong attorney to deal with a contestant divorce. An attorney steeped in marital and uncontested divorce law will guide you through and help things end with the best possible outcome.
Generally, when a divorce is contested, the parties agree on nothing. The party who wants to file a contested divorce will need to file the necessary documents outlining their position on the case and why they feel the need to have it contested. A judge will examine the arguments and release a determination on how they will rule. This often doesn’t happen overnight. This can take several proceedings and negotiations before things are resolved.
A good contested divorce lawyer will do everything in their power to ensure your rights are protected. They will meet the opposing party eye to eye. They will attempt to settle disagreements outside the courtroom until both parties are satisfied. Simply filing a complaint is not sufficient to have a judge rule in your favor. If you contest the divorce, you will need a great deal of documentation including specific dates, locations, and even witnesses to help bolster your case.
The judge will review a number of factors including the length of the marriage and income. It the issue is with a child, the judge will make his decision based on what is best for the child. This is why a person who contests the divorce should have a skilled attorney at their side. These are very difficult waters to navigate. You need someone who is a good listener and be a strong advocate.
In a contested divorce, it should also be noted that not everything will be split down the middle. It simply doesn’t work that way. There are many times when property accumulated in the marriage may be given to one party, as opposed to the other. One thing all parties should consider in a contested divorce is that separate property accumulated during the marriage, individual gifts and inherited properties will likely stay with whomever it belongs to. The courts will attempt to be as fair as possible, but one party may still feel a bit disgruntled for not getting what they feel they deserve.
What you need to do is find an attorney today. Whether you or the other party is contesting the divorce, it is imperative that you have a strong attorney helping you through the process. Contested divorces can get a bit contentious sometimes. This can take a toll on everyone, especially children. Hire an attorney who will represent you to the fullest. You will be surprised over the things you thought you knew about a contested divorce. Call an experienced attorney today to get a free consultation.
Divorce isn’t easy when you and your spouse agree on everything and come up with a plan for custody, finances, and asset division before filing paperwork. Divorce takes an emotional toll on everyone in your family, and it’s difficult to face this kind of situation without feeling lost, confused, and upset. When your spouse decides to take it to the next level by contesting every aspect of your divorce, things only get more complicated. If you are going through a contested divorce, you want to consult with a divorce attorney familiar with New York divorce laws.
What is a contested divorce?
New York law qualifies any divorce in which there is a disparity in the outcome of the divorce. Essentially, you and your spouse cannot agree on the terms of your divorce in terms of the following.
When you cannot come up with an agreement that covers these things, you find you have a contested divorce. The law does not frown upon this or consider it legal, and it’s not something you want to go through. Your spouse can legally contest the decree as often as he or she would like without much of an issue. If you want to put a stop to this, you must hire an attorney who can prove your spouse is only contesting your divorce to be problematic. It’s possible the court will create a hearing in which you both argue your case and allow the court to make the ultimate decision. It’s not ideal, but sometimes it’s the only way to end a divorce such as this one.
What are the implications of a contested divorce?
There are no real legal implications of a contested divorce provided you and your spouse are upfront and honest about your financial situation, your desires, and the rest of the details. Your spouse is free to disagree as often as he or she wants, but it’s frowned upon by the court when it’s done as nothing more than a ploy to drag out the divorce to make sure you pay more to your attorney or to your spouse while they are living off your income.
You must be able to prove your spouse is contesting your divorce repeatedly for no reason other than to hurt you. If you can get them to confess they’re just dragging it out because they know you’ll need to pay more to your attorney or because they get financial benefits from you as long as the marriage is still intact, a judge can put an end to it.
Why hire an attorney?
An attorney can help you finalize your divorce even when your spouse is doing everything in his or her power to make that impossible. An attorney can help you present your case to the court, get what you want, and walk away without further issue. Your divorce attorney knows what the court needs to stop a divorce that’s been repeatedly contested, which means you have a better chance of ending this before it becomes more expensive or more stressful.
Divorce is not easy, but it’s better when you have someone knowledgeable about the law and the details of the law on your side. You know you can’t sit back and end a marriage when someone is making it difficult, but your attorney can make it easier on you. It’s time to take control of your life and hire a divorce attorney who can stop this contested divorce once and for all.
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