Why You May Need a Contested Divorce Attorney?
Divorces can be emotionally draining and complex. During divorce litigation, the courts must decide the division of marital assets, marital debts, spousal maintenance, custody of minor children, and child support, health insurance, life insurance, college for the children. There are also needs to be a division of any retirement funds and marital investments. When there’s a substantial disagreement with the above, then the divorce is considered contested. When such is the case, you need an experienced New York divorce lawyer by your side.
What Qualifies as a Contested Divorce in New York?
In New York, a contested divorce is a conflict of desires, meaning that both parties can’t agree on the terms of the divorce. Most of the time negotiations are required before concluding a contested divorce. Although New York permits no fault divorces under Domestic Relations Law §170 (7), whereby the parties assert that the relationship between husband and wife has broken down irretrievably for a period of at least six months, several issues still need to be determined before your divorce can be finalized.
One of such issues is equitable distribution of all marital assets which by law ensures the fair division of all property accumulated during the marriage, including the marital home and each party’s pension, as well as the division of any marital debt. You may even have a separate property claim whereby one party is asserting ownership over personal property which you were given as a gift, inherited or bought with separate funds during the marriage.
If children are involved, the resolution of the following issues must be properly determined: a) who gets physical (residential and legal custody) of the children; b) calculating child support; c) figuring out parenting time, which can be a full schedule detailing who has time with the children for each holiday and weekend of the year or parenting time may be as liberal as agreed to by the parties; d) determining health insurance coverage for the children and who is responsible for the payment of unreimbursed expenses; e) the maintenance of life insurance policies; and f) the payment of each child’s college expenses.
The determination of these issues requires the skills of an experienced divorce lawyer. A judgment of divorce will not be granted in the State of New York, under the no fault ground unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with any minor children of the marriage have been resolved by the parties, or determined by the court, and incorporated into the judgment of divorce.
With the help of our experienced divorce lawyer, you can settle these issues and have your contested divorce proceed as painlessly as possible in Queens and Nassau County.
What Should You Look for in a Contested Divorce Attorney?
Our professional contested divorce attorneys have years of experience, as well as the resources needed to successfully resolve marital situations like this. At the Law Offices of David L. Martin, Esq., P.C., we have helped clients like you obtain favorable resolutions. We work hard to provide high-quality legal representation, while still being a source of support during this emotional and difficult time.
Schedule a Free Legal Consultation with Experienced Contested Divorce Lawyers Today
At the Law Offices of David L. Martin, Esq., P.C., our team of contested divorce lawyers have years of experience in and out of the courtroom, obtaining our clients the results they deserve. We offer free 30-minute legal consultations to learn more about your case and to answer any questions you may have about New York divorce laws. To learn more about our legal services and to schedule this important legal consultation with an experienced New York Family Law attorney, call our legal team at (516) 294-8886 or (718) 520-8884 today.