Contested Divorce Attorneys

Serving Nassau & Suffolk Counties

A contested divorce occurs when spouses cannot agree on one or more critical issues, such as the division of assets, child custody, parenting time, spousal or child support. Under these circumstances, unless the parties both agree to mediation or collaborative, a divorce may require judicial intervention to resolve disputes fairly and equitably.

At Joseph Law Group, P.C., our attorneys provide skilled and focused legal representation to clients facing the challenges of a contested divorce. With a deep commitment to guiding families through difficult transitions, we work tirelessly to secure fair and lasting settlements while minimizing financial and emotional damage and maximizing results. At the same time, when settlement is not possible, we are exceptionally skilled at litigating and when necessary, trial. Our team is known for balancing strong and highly effective advocacy, preparation, strategy and skills, with empathy and integrity, ensuring our clients remain involved and obtain the best outcome reasonably possible.

Common Disputes in Contested Divorce

Contested divorces involve disputes that require legal intervention. These include:

Asset Division and Property Disputes: New York follows the principle of equitable distribution. The marital property is divided fairly, though not necessarily equally. Disagreements over what is to be divided, the valuation of those assets, ownership and/or occupancy of homes, and division of business interests often arise in these matters.

Child Custody, Visitation / Parenting Time, and Support Conflicts: Disputes over where the children will live, how much time they will spend with each parent, and financial support often arise. Our attorneys ensure custody arrangements serve the children’s best interests while protecting our client’s parental rights and their continued role in raising their children.
Alimony Disagreements: Resolving spousal support, maintenance or alimony, can be contentious, especially in marriages where one spouse has been financially dependent on the other. The court considers several factors, including the length of the marriage and each spouse’s income, in determining whether alimony is warranted, and if so, how much and for how long.

both female attorneys sitting together taking notes

The Contested Divorce Process

The legal process for a contested divorce in Nassau & Suffolk Counties can be complex, but having knowledgeable and highly skilled representation helps streamline the steps:

Filing for Divorce and Responding: The divorce process begins when one spouse retains an attorney for the purpose of obtaining a divorce. Often, that spouse will commence a legal divorce proceeding by filing a Summons with the court. The other spouse must respond, and their disagreement over the numerous issues involved in a divorce proceeding can make the divorce contested.
Discovery Phase and Gathering Evidence: During this phase, both parties gather information relevant to the case, including financial records and property valuations. As to children, the relevant history must be shared with each attorney and effectively conveyed to the other side or court. Our attorneys work diligently to ensure all pertinent evidence is collected, preparing for negotiations or trial if necessary.

Mediation and Alternative Dispute Resolution

While contested divorces often require court involvement, mediation or collaborative divorce can be beneficial and effective alternatives that can help resolve disputes more amicably:

Overview of Mediation and its Benefits: Mediation involves a neutral third party who assists both spouses in coming to a settlement. It can save time, reduce costs, and provide a less adversarial environment than traditional litigation.
Role of Neutral Third Parties: The mediator facilitates discussions and helps identify mutually acceptable solutions, but they do not represent either party nor provide legal advice. This process can be beneficial when both parties wish to avoid a lengthy court battle.
When to Consider Mediation in a Contested Divorce: Mediation is an option even in contested cases, especially when both parties are willing to negotiate but need assistance resolving specific issues like property division or parenting plans.
The Role of the Consulting Attorney in Mediation: During mediation it can be helpful for each spouse to retain an attorney of their own. Mediators are prohibited from providing legal advice and having experienced counsel in your corner (although not necessarily present at the mediation sessions) can increase the chances of you obtaining a fair and lasting agreement.

Overview of Collaborative Divorce: Collaborative divorce is an innovative approach to resolving disputes that emphasizes cooperation and mutual respect. Unlike mediation, this process involves both spouses working with their respective attorneys and, if necessary, other neutral professionals like financial advisors or child specialists. Together, the team collaborates to negotiate a settlement without court involvement.
When Collaborative Divorce Might Be the Right Choice: This option is ideal for couples who want to maintain control over their divorce process, prioritize open communication, and work towards a solution that benefits the entire family. Collaborative divorce can help reduce conflict and preserve relationships, making it especially beneficial when children are involved.

Learn More About Mediation

Learn More About Collaborative Divorce

Court Proceedings

When ADR (mediation or collaborative) are not successful or appropriate, contested divorce cases may proceed to court. Here is what to expect:

What to Expect in Court: Court proceedings in a contested divorce involve a series of conferences where both lawyers for each party advocate their position to the trier of fact. The judge may ultimately decide the critical issues if the parties cannot agree.

Evidence Presentation and Witness Testimony: If a judge is needed to decide issues, both parties will present evidence, such as financial documents and witness testimony, to support their case. This can be particularly complex, and it is essential to have skilled legal counsel on your side.

Timeline and Potential Outcomes: Contested divorces can take months or even years, depending on the case’s complexity and court availability. The outcome may include decisions on asset division, custody, and spousal support orders.

Take the First Step Towards Resolution With Joseph Law Group, P.C.

Having experienced legal representation is essential during a contested divorce. The Nassau County contested divorce attorneys at Joseph Law Group, P.C. are committed to providing knowledgeable and proactive advocacy, ensuring you understand every step while protecting your interests.

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