Contested Divorce Attorney in Nassau County
What Happens If a Divorce is Contested in New York?
Any number of factors could be the cause of a highly contested divorce, some of these include:
While all of these factors have the potential to be agreed upon outside of the courtroom, sometimes contested divorce proceedings are necessary. If you and your spouse are alienated from one another and cannot come to an agreement regarding the components listed above, a contested divorce lawyer from our office should be contacted for help.
In the course of selecting an attorney to represent you in a contested divorce case, you need to make sure you hire a legal professional who can maximize your assets and minimize stress throughout your divorce proceedings. An experienced lawyer from Jason M. Barbara & Associates, P.C. will look for creative ways to create workable solutions in your marital dissolution, allowing you walk away from your contested divorce with everything to which you are entitled.
Process of a Contested Divorce
Even though every contested divorce case is different, most of them follow a similar process. For example, when a spouse decides they wish to divorce their spouse, they are known as the plaintiff. The plaintiff purchases an index number from the county clerk and files a summons with notice. The process server then serves the summons with notice or a summons and complaint to the other spouse, who is referred to as the defendant.
Upon receiving said notice, the defendant must do the following:
- Respond to the notice within 20 days if they are served within the State of New York
- Respond to the notice within 30 days if they are served in another state
- Retain an attorney who can provide the plaintiff's attorney a notice of appearance
- Request a copy of the complaint if one is not delivered with a summons with notice
The divorcing couple will then appear before a judge for the preliminary conference. At said conference, the attorneys representing both the plaintiff and the defendant must discuss the issues of the divorce. If the parties agree about any of the issues, said issue will be marked as resolved. The rest of the divorce proceedings will then focus on the issues the couple cannot agree upon. At the end of the conference, the judge may issue a PC order, which includes identification of all issues being disputed and a timetable for the exchange of financial information. If the divorce is not settled during the preliminary conference, another hearing is scheduled.
This hearing is referred to as the compliance conference. The point of this conference is for the judge to determine if the issued PC order was followed. The judge may also discuss a settlement with the divorcing couples' attorneys. If the couple cannot reach a settlement, a trial will be scheduled. After hearing the couples' testimonies at trial, the judge will determine the best settlement for their divorce case.
Depending on how willing a couple is to settle their divorce proceedings, a divorce can take anywhere from six months to two years. To ensure your case goes as quickly and smoothly as possible, please hire an attorney from our firm today!
Contact Us For A Free Consultation!
Only an experienced lawyer should be trusted to represent you in your contested divorce case. With 20 years of experience on our side, at Jason M. Barbara & Associates, P.C., we can anticipate potential areas of disagreement between you and your spouse and then offer our counsel on how to effectively address the conflicts at hand.
Especially when children are involved, you will want to come to an agreement regarding the future co-parenting with as little additional "drama" as possible.
Contact our firm today for the support you need.