Contested Divorce

A New York contested divorce is a lawsuit. Lawsuits require the skill, training and expertise of an experienced attorney to assure the best outcome. Unlike a non-contested divorce where one party does not appear and agrees, voluntarily or by default to the decision made in their absence, a contested divorce is one where one or both parties wish to gain something that the other will not relinquish voluntarily.

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A divorce lawyer will meet with you for a consultation with your best interest in mind

Contested DivorceContrary to most individual perceptions of a New York contested divorce always being an ugly court battle involving assets and custody that drags on forever in a court room, this scenario is not the norm. Most couples settle their cases out of court when both legal teams, and their clients, reach an amicable solution that is satisfactory to both parties. Of course this is not always the case and if a trial becomes the only route around an impasse, we have the skill in the courtroom that is required for the optimum outcome.

Settlement issues regarding contested divorces encompass many areas and these can be very sensitive and complex.

  • Child Custody or Visitation. This is a delicate and difficult area and includes temporary custody and permanent custody of the children of a marriage or the right of a non custodial parent to have supervised or unsupervised visits. Regardless of the age of the children it is a traumatic place for them and the courts will always have their best interest as a priority. When possible, joint custody is usually the best option however parents, in an angered state, will at times, try to refuse this and want sole custody, thinking of themselves first without really realizing it. Your attorney will also have the children’s best interest in mind as well as yours and will advise you as to what is best.
  • Child Support. If there is one moneyed spouse and a non moneyed spouse the obvious here is that part of the money will go to support the children. When there are two incomes the court will decide the best equitable division.
  • Spousal Support. Here, also, the same basic rules apply pertaining to support of the spouse. If one spouse kept the other in a certain lifestyle it is expected that the supported spouse should continue in a lifestyle close to what they were accustomed. If there was a dual income the decision of support will be based on percentages that are considered equitable, not equal.
  • Contested DivorceDivision of Assets. Under New York law, any assets belonging to either party, prior to marriage become the assets of the marriage partnership. That includes any growth of individually owned assets after the marriage. New York law provides for an equitable division of assets which is not, as in other states, an equal division. This is an area where a skilled divorce attorney is very beneficial. We will immediately obtain an injunction to prevent the diminishing of assets after the initial filing. We address complex issues like increased earning ability after the marriage. If an expert is required we have resources available.

As experienced New York contested divorce attorneys, the Law Offices of Boris Nikhman PC will strive to reach an agreement without the need for costly litigation which can greatly diminish a settlement rather than add to it. If we do need to go to court with you we will fight aggressively for the settlement you deserve.