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When your marriage has become unsustainable despite all your efforts, you have to make difficult decisions. Most likely, you are considering divorce. There are many ways to get divorced. A New York contested divorce may be your best choice if you have important disagreements with your spouse. Although this type of divorce is costly, time-consuming, and stressful, it may be the best option to protect your rights and get you what you deserve.
New York Family Law Group’s experienced NYC divorce attorneys can help you get the best results. Martin Mohr and Ethan Steward provide passionate legal representation for clients who are dealing with family and divorce issues. The lawyers help their clients fight for equitable asset distribution, child custody, support and maintenance, and any other important issues.
To schedule a consultation, call (718) 293-1542.
A contested divorce happens when the spouses cannot reach an agreement on the final terms of their divorce. The potential for lengthy, complicated legal battles about asset division can result from a contested divorce. This is especially true if you have minor children. If you don’t take immediate action to safeguard your interests, you may end up in a settlement that leaves you with major financial disadvantages.
When the spouses cannot agree on certain issues, such as division of property, custody, or spousal support, a judge must be called to make a ruling before you go to court. It is often best to seek out an uncontested divorce instead. This kind of divorce can help avoid unfavorable rulings and arbitrary decisions. If an uncontested divorce is not possible, you should consult a New York City divorce lawyer who will represent your interests and help you reach a fair settlement.
A contested divorce is similar to any type of litigation that involves discovery, summoning witnesses, making motions, and introducing evidence. However, in contested divorces, people usually reach an agreement on divorce before going to trial.
In New York, the process of a contested divorce starts with one party filing for a divorce. After they file for a divorce, they must serve the divorce papers to the other party. However, if the other party is not able to be located, the court may approve that the divorce notification is served through publication. Once the other party is able to respond, there will be a request for judicial intervention so that the divorce will be on the court’s calendar. The judge/clerk meets the parties before the preliminary conference to discuss the issues and decide what will go to trial.
A judge usually encourages the parties to solve as many problems as they can during the preliminary conference. A discovery schedule and trial date will be established if there is still no resolution to all the issues after the preliminary conference. The judge may also make temporary orders for child custody, visitation, and support.
The majority of cases settle before going to trial. However, the party that filed the divorce may request a default judgment if the defendant does not respond. If the parties cannot agree to a settlement, they will go to trial.
Emotions can become heated and cause a lot of tension between the divorcing couple in a contested divorce. At New York Family Law Group, contested divorce lawyer Martin Mohr, Ethan Steward, and our team of divorce attorneys understand how overwhelming this situation can be.
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There are two types of divorce: uncontested and contested. An uncontested divorce occurs when both parties agree to all aspects of the divorce. This is often an easy and efficient way to divorce.
The second type of divorce is a contested divorce. This is when the spouses are not able to reach an agreement on the terms of the divorce. They end up asking a judge to decide on their issues. The court will consider your divorce “contested” if you are disagreeing on any issue.
The most important difference between an uncontested or contested divorce is its cost and duration. While it is usually the same cost to file either type, spouses who go through a contested separation are likely to pay more for attorney’s fees or expert witnesses fees (such as financial advisors and appraisers), than couples that have reached an agreement on all aspects of their divorce.
Many states require that judges wait for a period of time before issuing a final decree. While the waiting period for both uncontested and contested divorces is the same, spouses in a contested case will see their waiting periods change before they can resolve all issues. Uncontested divorces are generally cheaper and take less time than those contested cases.
At New York Family Law Group, our skilled team of divorce attorneys can help fight for your rights in a divorce case. It is important to seek the help of an experienced lawyer when dealing with a contested divorce in order to save time and money. A skilled attorney will have the knowledge to deal with any complications in the divorce and may be able to help you and your soon-to-be ex-spouse find a common ground.
Call us today at (718) 293-1542. to schedule a consultation.
Contested divorces are usually more expensive because of the time and other costs that are necessary to prepare for litigation. Self-representation can also be another route that is cheaper, but it is not always the best option. A small mistake can have a significant impact on a person’s life, this is why having a skilled contested divorce lawyer is always the best option when dealing with a contested divorce.
The following are the two main costs that a person should keep in mind when dealing with a contested divorce:
The NY court fees do not differ by individual and are uniform throughout the city. Except if the spouse of the divorcee is considered poor, these fees must be paid. In order to waive your filing fees, you will need to apply for the status of poor before filing. New York State charges a $210.00 Index Number Fee to initiate the case for all others. For the Request for Judicial Intervention or Note of Issue Papers (even the most basic divorce), additional fees of $95.00 to 30.00 are charged by New York State. The court fee for divorce proceedings is $335.00 minimum if the person filing the request is not poor.
For any motions that are filed after an action has been started, additional fees of $45.00 will be charged. A $35.00 fee applies if you want to make a written Stipulation for Settlement. Depending on your situation, you may not be required to file settlement papers or motions.
You will have to serve your spouse with the initial divorce papers. The fees for this service can range from $100.00 to $200.00 unless the spouse refuses service or is not able to be found.
The fees are paid by the court, a third-party process server, or the judge. They do not include attorney fees.
The circumstances of your case will determine the fees you pay. You may be charged between $250.00 and $450.00 an hour by the lawyer/law office you consult. Most cases require a retainer deposit to cover the fees upfront and to have the firm officially ‘appear’ in the case. Lawyers appearing in court proceedings on behalf of their clients can’t simply withdraw or quit without permission from the court. Even if they owe money, a retainer provides security to the attorney that ensures that they are paid at least the retainer amount.
Your attorney will determine the amount of your retainer based on their assessment of your case. There are other things that can also add to the complexity of the divorce case, especially when it is a contested one. When both spouses are not able to agree on the terms, the case can take a long time to complete and will cost more in attorney fees.
New York Family Law Group’s contested divorce attorneys Ethan Steward and Martin Mohr have the experience and knowledge to aggressively fight for your rights in a divorce case. We have spent years helping ex-spouses receive the best possible outcome for themselves and for their children. You don’t have to go through this alone. Call us today to schedule a consultation.
“We are focused on what matters to you, your family, and your future.”
Managing Partners of New York Family Law Group
On average, a contested divorce in NY takes between 9 and 12 months. Each divorce case is unique and can take a long time to resolve. Some cases even take years to resolve.
It is important to consider many factors when deciding the time frame for divorce. Complex cases involving adversarial lawyers or parties will take longer. A divorce case can take up to a year to complete from its beginning. You cannot rush and there are no shortcuts. The best divorce lawyers will advise you to allow more time for the case to be properly handled than to hurry it along.
A contested divorce can be overwhelming for both parties. Without the help of a family law attorney, the divorce can take a much longer time and cost more. New York Family Law Group’s divorce lawyers Ethan Steward and Martin Mohr have experience dealing with contested divorces. We can help you.
To schedule a consultation, call us today at (718) 293-1542.
If you can, it is best to hire a lawyer when dealing with a divorce. However, you can file for an uncontested divorce if you feel that your spouse is not going to disagree with anything on the divorce terms.
You may also need to consult a lawyer if you want custody, child support, or spousal support. These issues tend to get quite complicated. Before you file for divorce, you should find out whether your spouse has any pensions, retirement accounts, insurance, or significant assets. There is a possibility that you will have to give these things up forever if you don’t bring them up during the divorce process.
You have many options to choose from and issues to face when you are in the middle of a contested divorce process. This is why you need the expertise of an experienced New York City divorce lawyer. Child custody and property division are just a few of the issues that will be contested by the court. You can rely on your divorce attorney to work towards resolving all major disputes in your favor.
The process of financial discovery starts after one spouse files for a divorce. Each party’s lawyers may send lengthy questions, called “interrogatories” which must be answered under oath. Questions about finances, assets, and pensions are all part of the interrogatories. The spouses may also be served notices by the divorce lawyers to produce bank statements, credit card bills, receipts, and tax returns.
Divorce litigators can also serve subpoenas for discovery on third parties in New York, unlike mediators or collaborative lawyers. The family lawyer will usually go through all the documents and interrogatory responses, then ask the spouses questions in person at what’s called a “deposition”. A deposition may be used to question third parties with relevant information such as bookkeepers and accountants or witnesses. Depositions are conducted in presence of a court reporter (stenographer), who then transcribes the information into a transcript.
It is also important to seek the help of an experienced New York divorce lawyer as soon as the divorce is brought up. Having a skilled lawyer may be able to help you fight for your rights in the process and help you ensure that your assets as well as your children are protected.
Call the New York Family Law Group today to schedule a consultation.
Just like marriage, divorce is complicated. It is a highly emotional time filled with overwhelming sadness, anger, resentments, regrets, and financial insecurities. No matter how friendly a couple wants to be toward each other during this time, it is almost impossible. To get through all the legal issues concerning marital dissolution without intense feelings and complications surfacing throughout the process can be very difficult.
New York Family Law Group’s experienced New York City divorce lawyers Ethan Steward and Martin Mohr provide compassionate and solid legal representation for families navigating the divorce process. With over 30 years of combined family law experience, they are dedicated to providing the most skilled and expert legal representation possible. They offer their clients important information and guidance to resolve their issues with their best interests and those of their families in mind.
To schedule a consultation with a skilled New York lawyer, call us today at (718) 293-1542.
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