Contested Divorce Lawyer
Contested Divorce Attorney on Long Island, New York
Understanding How Contested Divorces are Decided in New York
If you are contemplating a divorce, or if you have been served with divorce papers, schedule a consultation to discuss your options. You'll receive a detailed explanation on how the divorce process works, what to expect, and what the best, worst and most likely outcome of your divorce will be. Our job is not to fix your marriage, our role is to provide guidance at a critical point in your life so that you can make the best decisions for you, be it reconciling or parting ways.
To get the most out of the initial consultation, it is recommended that you take the time to read our divorce articles as they will answer most of your basic questions, making the consultation that much more productive. Additional information can be found on the Unified Court System Website which has a basic FAQs about a New York Divorce.
Services Offered
- Comprehensive Case Evaluation. During the initial consultation we will lay out the basic outline for your divorce. As your case progresses we will continue to update the pending issues, the best case you can expect, the worst case you can expect, and the most likely outcome, along with a recommended course of action.
- Equitable Distribution. Marital property will be divided by the court under equitable distribution. There is no set formula to award property, instead the court will consider a host of factors in determining how to distribute all property it determines to be marital.
- Maintenance. Maintenance is awarded to allow the spouse with less ability to earn income sufficient time to rehabilitate themselves to become self sufficient. Pendente lite maintenance can be awarded during the divorce based on limited information, while post judgment maintenance will be determined once all finances have been fully explored. Both pendente lite maintenance and final maintenance are determined by a formula.
- Custody. Custody is determined based upon the best interests of the child. We have nearly 30 years in representing parents in custody cases.
- Relocation. Relocation cases can be part of an initial custody determination or a request by the custodial parent to move after custody has been determined. We handle all requests to relocate and can defend against a request to relocate.
- Child Support. The court is required to order an award of child support to the parent with residential custody. Child support is set by a formula based on a percentage of the non custodial parent's income based on the number of children involved. We can request pendente lite child support while the divorce is ongoing, and a final award of child support at the conclusion once financial information is fully disclosed.
- Attorney Fee Awards. If one spouse has significantly less financial resources than the other, we can request pendente lite counsel fees as a temporary measure, and a final award of attorney fees at the conclusion of the case.
- Expert Fee Awards. If an expert is necessary, we can request both pendente lite expert fees and a final award of expert fees.
- Exclusive Occupancy. Exclusive occupancy of the marital home allows one spouse the use and occupancy of the home until a later date. Both pendente lite exclusive occupancy and a final award of exclusive occupancy are available.
- Use of Related Fields of Law. When the facts the case involve property acquired prior to the marriage or held with third parties, a related constructive trust or partition action may be necessary. Use of these options are more common in same sex divorces.
- Matrimonial Agreements. Most contested divorces settle when there is full disclosure and both sides act in good faith. A divorce agreement can resolve all issues without the need or expense of a trial.
- Matrimonial Appeals. When the trial judge makes an error in deciding your case and an appeal is required, matrimonial appellate services are available.
Why Choose The Law Office of J. Douglas Barics
For over 25 years, Long Islanders have been represented by J. Douglas Barics in Suffolk and Nassau counties. Many of our clients are referred to use by other satisfied clients covering all of Long Island.
Do you need representation in a divorce?
Contact us online or at (631) 864-2600.
What You Need to Know About a Contested Divorce
What is a contested divorce?
A contested divorce is when the spouses have not reached an agreement on every issue. A contested divorce occurs when one spouse files for a divorce prior to reaching a full agreement. Any issues which cannot be resolved by the parties will be decided by the court.
What are the requirements to file for a contested divorce?
The requirements to start a divorce are being married, meeting the residency requirements, and having one or more of the seven grounds for a divorce.
What are the residency requirements for a contested divorce?
- The parties were married in NY and either party has lived in NY for the past year.
- The parties have resided in NY for the past year.
- The cause of action for the divorce occurred in NY and either party has lived in NY for the past year.
- The cause of action occurred in NY and both parties currently live in NY
- Either party has lived in NY for the past two years.
What are the grounds for a contested divorce?
- Cruel and Inhuman Treatment
- Abandonment
- Imprisonment for three or more years
- Adultery
- Living apart under a judicial separation for one year or more
- Living apart under a separation agreement for one year or more
- The irretrievable breakdown of the marriage for six months (no fault)
What are the ancillary issues?
The ancillary issues are the related to a divorce that are decided in conjunction with the divorce itself.
- Custody & Parenting Time
- Child Support
- Maintenance
- Equitable Distribution of the Marital Property
- Attorney Fees
- Expert Fees
- Exclusive Occupancy of the Marital Home
What is the process of a contested divorce?
The process of a contested divorce is the filing of the divorce itself by filing a summons and complaint with the county clerk. The other spouse is served with the papers. Information is exchanged through discovery, and for any issue which cannot be resolved ends with the court deciding them for the parties.
What are the steps in a contested divorce?
The steps in a contested divorce is as follows:
- One spouse files for a divorce
- The other spouse is served with the divorce papers
- A request for a preliminary conference is made
- Mandatory exchange of information occurs
- Statements of Net Worth
- Tax Returns
- Pay Stubs
- Bank Statements
- Option exchange of information occurs
- Document Requests
- Written Questions
- Depositions
- Experts
- The divorce is certified for trial
- A trial is held on any unresolved issue
- The court issues a trial decision
- The judgment of divorce is submitted based on the trial decision
- The judgment of divorce is signed by the judge
How are the ancillary issues in a contested divorce decided?
Each ancillary issue in a contested divorce is decided based on the law governing that issue. Sometimes courts will split the case and have a trial to decide fault based grounds first, then hold a custody hearing, and then have a final trial on all financial issues. The ancillary issues are decided based on the following standards.
- Custody: Custody and parenting time is based on the bests interest of the children.
- Child Support: Child support is determined by a formula using a percentage of income.
- Maintenance: Spousal maintenance is based on a formula, which does two calculations of support using both parties income, and applying the lower of the two amounts.
- Equitable Distribution: All property acquired during the marriage, with some exceptions will be divided between the parties without regard to title.
- Counsel Fees: The non monied spouse can be awarded counsel fees to ensure a level playing field.
- Expert Fees: The non monied spouse may be awarded expert fees if an expert is warranted.
- Exclusive occupancy of the marital home: The marital home can be awarded to one spouse for a set time until it is sold and proceeds divided.
Contact Our Divorce Lawyer Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any divorce action, no matter how challenging or complex. With over 20 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.