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Queens contested divorce lawyers

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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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Queens contested divorce lawyers

Many couples in New York decide to get a divorce. When this happens, there are often many issues to resolve prior to the divorce being granted. When spouses disagree on many different aspects of the divorce, it is considered a contested divorce.

Initial Filing
In a contested divorce, one spouse will file a notice with Summons or a Complaint and a Summons to start the divorce process. Once this is done, it is the legally accepted end to the couples marital period. It is also an end to their economic partnership. Once this is filed with a court, the spouse who is the petitioner has 120 days to serve the other spouse with the Summons.

Serving Summons
In the state of New York, the petitioner is not permitted to personally serve papers to their spouse. They will be required to utilize the services of an official third party. This could be a court-approved process server, an attorney and more. The Summons must be served within the required 120 day period. Once this task is completed, an affidavit of the service must be filed with the court within the next 30 days

Responding
Once a spouse has received the divorce paperwork from the petitioner, they will have up to 30 days to respond to it. The spouse could choose to accept the terms of the divorce. They also have the option of contesting them. When a spouse chooses to contest the terms of a divorce, they will respond with a legal document known as an Answer.

Relief Request
Once the Summons is served, it is possible for spouses to be required to appear in court for the purpose of seeking immediate or temporary relief. It is possible for this request to involve asking the court for exclusive occupation of the marital home. It could also involve a request for an award of custody, payment amount for support and more. These are considered Motions. The spouse who is making the Motion must provide the court with documentation proving their position on the issue.

Request for Judicial Intervention (RJI)
Once the petitioner has filed their paperwork with the court and received an Answer from the other spouse, they must then file an RJI. The purpose of this document is to be the official acknowledgment of both spouses being involved in a divorce. The RJI is a request for a court to assign a date for a preliminary conference. This must be done within 45 days after the RJI has been filed.

Preliminary Conference
The decision of which issues in a couple’s divorce will need attention is determined by the court. A date for an official hearing is set by the court. During this hearing, each spouse will be required to provide a statement of their net worth. This must be one at least 10 days prior to the beginning of the preliminary conference.

Discovery
Should the preliminary conference not result in an agreement between spouses on the divorce issues, the Discovery period will start. This is a time when attorneys from both sides will work to obtain evidence to support their client’s position on the issues. It is possible attorneys from both sides will have another meeting depending on what they discover. The completion of the Discovery must be done six months following the preliminary conference.

Settlement
It is possible after initial paperwork is filed for spouses to try and reach an agreement. They may agree to essential issues associated with their divorce including support matters, property, distribution of assets, custody and other issues. Should the spouses reach an agreement, they will have to sign a document referred to as a Stipulation of Settlement. It is also known as a Separation Agreement. It will determine the terms of the married couple’s separation. This is something that can be included in the final divorce judgment.

Granting Divorce
It is possible for a contested divorce to go to trial. When this happens, the issues could be resolved within a few days or weeks. This is determined by the size of a marital estate and how willing each spouse is to fight over the issues. When the trial is over, the judge will give their ruling. This must be obeyed. Should either spouse disagree with the judge’s ruling, they can appeal it to a higher court.

Every divorce situation is unique. Each contested divorce will have issues specific to the individual marital estate. A contested divorce is much easier with the help of an experienced New York attorney. They will know the legal process and a court’s expectations. A New York attorney will know how to get their client the best possible divorce with the least amount of financial struggle and emotional stress

What can I take if I move out before our divorce is finalized?

The #1 reaction most people when they are going through a divorce, is to leave the home they are sharing with their ex. It’s tempting to leave everything – but you have to be smart. You are convinced that moving out will make life easier, and that it will make your divorce easier. However, before you do that – think of the ramifications. It’s a good idea to speak to a divorce lawyer first.

In most cases, leaving the home early can hurt your case. There are several things to consider, before you pack up and move out. If you leave, you have financial issues – and custody issues to face. The marital home is your biggest asset. As long as the home was purchased while you were married, it’s part of your marital estate. Even if you leave it, you’ll still get your piece of it at the end. This may make you feel safe leaving it – but if your name is on the deed or the mortgage – you don’t need to leave. Moving out prematuraly can lead to financial complications. If you are the primary earner for the home, then it may be a bad idea to leave. If you leave, you’re still responsible for paying for the mortgage, and other such things. If you leave, the court can order a status quo order – which requires you to continue paying the marital bills as you did before the divorce. This means if you move out, you may have 2 sets of bills to pay now. On top of legal fees, this can be a devastating financial problem. It’s unavoidable, so it’s better to stay in the home while the divorce is going on.

Additionally, problems can be compounded when children are in the picture. If you’re living in the same home, and have daily interactions with your kids – when you move away, all of that disappears. You have less time to spend with the kids. It’s important before you leave with your belongings, you consult with an NYC divorce lawyer and get an understanding in place. Without an official schedule in place, you could wind up being not being able to see your kids ever.

 

If you don’t have a schedule that evenly splits your time with your children – it can result in future business problems. You may have to engage the legal system in order to get your kids back. In addition, you’ll be denied parenting time. You may even end up paying child support – because your spouse will say the kids stay with him/her – not you.

 

If you insist on leaving – here are the things you can take away from your marital home. Anything that would be deemed as exclusively yours; or anything paid for by exclusively your income – can be considered your property. For example, if you paid for your car using your own income – it could be considered your property – you can take it. But if your spouse paid for the item, you cannot take it without the spouses permission.

At the end of the day, you should only take what you rightfully need, and rightfully own. If it’s something which could be considered mutual property of you, and your spouse – you should leave it. For example, jewelry your spouse bought you should considered mutual property. You shouldn’t clean out the safe.

 


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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