The end of a marriage is always difficult, but particularly when one ends on difficult terms. When both parties must finally rely on the courts to work out their differences, it can be emotionally taxing. Going through a divorce where you can’t see eye to eye with your spouse will require a skilled Manhattan contested divorce attorney to ensure that your rights are being represented each step of the way.
If you are having difficulty coming to an agreement in your divorce, you are not alone. At Juan Luciano Divorce Lawyer, we take the time necessary to fully understand your needs to protect your interests at the negotiating table as well as the courtroom. We are here to help guide you through these trying times and help you move forward.
Contact us today by calling (212) 537-5859, through email, or by filling out our contact us form.
In many divorce scenarios, couples can no longer agree on important decisions that must be made before a divorce can be granted. There are usually a few simple reasons for this:
One spouse does not want the divorce.
The spouses cannot agree on important matters of asset division, child support, and custody, or spousal support.
There is a power imbalance in the marriage, and, consequently, in its dissolution.
It will then require that they find ways of coming to agreements through mediation, negotiation, or litigation to get a resolution. When a divorce is contested, it’s essential that you have the skilled representation of experienced contested divorce lawyers to ensure that your legal rights and best outcome are being considered in all stages of these processes.
Although successful mediation or negotiation in a divorce is always the best route in these cases, some couples cannot come to decisions this way. When spouses cannot come to a settlement on issues surrounding their divorce, whether it be child support, spousal support, child custody, asset division, or any other of the decisions that must be made in a divorce, these complicated decisions may have to be made by the courts. If you are considering a contested divorce, we are here to help.
Contact Juan Luciano Divorce Lawyer today at (212) 537-5859 to schedule a consultation today.
Juan Luciano has been dedicated to representing individuals in contested divorce cases in New York since his admission to the Appellate Division, Second Department in 2005. After gaining extensive experience working alongside leading family-law attorneys, he launched his Manhattan practice in 2013, focusing solely on divorce and domestic-relations cases. For clients facing high-stakes divorces, Mr. Luciano is committed to protecting their financial interests, safeguarding their parental rights, and striving for fair resolutions, even in the most contentious circumstances.
Mr. Luciano’s background includes certification by the Appellate Division, First Department, to represent both adults and children in family court, providing him with a unique perspective on complex divorce cases. He has served as President of the Bronx Family Court Bar Association, contributed as a speaker for the Practising Law Institute, and participated in several advisory panels. His strategic approach has been highlighted in publications such as the New York Law Journal and the Wall Street Journal. Clients trust Mr. Luciano for his balance of empathy and determination. While he prioritizes negotiation and collaboration to reduce conflict, he is prepared to implement a decisive litigation strategy when disputes cannot be resolved outside the courtroom.
Although the state of New York is considered a “no-fault” divorce state, meaning that you do not need specific grounds to divorce, there are still matters that need to be resolved during the divorce process. This requires that the couple comes to important agreements, whether through mediation, negotiation or through the family court system.
In some cases, litigation is a necessary legal option when one spouse feels disadvantaged in the divorce or has legitimate concerns about the transparency of the other spouse. Regardless of the reason your divorce has become contested, you need the legal advice and representation of an experienced contested divorce law firm to get the best outcome for your future and the legal rights you deserve.
One of the most common reasons to contest a divorce in Manhattan is to protect one’s financial interests. New York is an equitable distribution state, which means that marital property should be divided fairly, but not necessarily equally, between the spouses. If one party feels that the division of assets, allocation of debts, determination of spousal support, or the handling of retirement accounts is unjust, they may choose to contest the divorce. It can be worth the fight when significant assets are at stake, or when one spouse has made considerable financial sacrifices during the marriage. However, it’s important to weigh the potential financial gain against the legal costs of a contested divorce.
Another central issue in many contested divorces is child custody. In New York, the standard for determining custody is the “best interests of the child.” If parents cannot agree on custody arrangements, the court will consider various factors to make a decision, including each parent’s ability to provide for the child’s emotional and intellectual development, the child’s wishes (depending on their age), and the parents’ work schedules. Contesting custody can be emotionally taxing, but it may be necessary to ensure that the child’s well-being is prioritized. It is essential for any parent considering this route to reflect deeply on the potential impact on their children, as protracted custody battles can be distressing for the young ones involved.
While New York allows for no-fault divorce, a spouse may still choose to contest the divorce on fault grounds such as adultery, cruelty, abandonment, or imprisonment. There are several reasons why a spouse might file for a fault-based divorce, such as the emotional satisfaction of having the court recognize the wrongdoing or the potential impact on the financial settlement. However, proving fault can be difficult, costly, and may prolong the divorce process. Additionally, a fault-based divorce may not necessarily result in a more favorable outcome, depending on the case, as New York courts tend to focus on equitable distribution and the best interests of the child, rather than on punishing misconduct.
Prenuptial agreements can play a significant role in contested divorces in New York. If a prenuptial agreement is in place, it can dictate the distribution of assets and spousal support, potentially simplifying the divorce process. However, if one spouse believes the prenuptial agreement is unfair or was signed under duress, they may contest its validity in court. The enforceability of a prenuptial agreement can be a complex legal issue, often hinging on the circumstances under which the agreement was signed and its terms. When contesting a prenuptial agreement, it is critical to have experienced legal representation to navigate the nuances of this area of law.
Sometimes, the family court system becomes the only path to holding both parties accountable, protecting the well-being of your children, and ensuring that assets are divided in a way that aligns with the law. While uncontested divorces are often quicker and less expensive, there are situations where a contested divorce becomes the only way forward.
Marriage intertwines two lives in both emotional and legal ways. When the emotional relationship comes to an end, the legal bond still needs to be addressed before moving on. This is where having steady, reliable legal support makes all the difference. Divorce is a deeply personal process, and emotions can run high. You deserve an advocate who will focus on your goals and help you move forward with clarity and confidence.
If you’re ready to take the next step, call Juan Luciano Divorce Lawyer today at (212) 537-5859 to schedule an appointment.
Ensuring a fair and equitable divorce is essential for your financial, physical, and emotional welfare. While the present may be emotionally charged and make it difficult to see past it into the future, that future will come. The decisions that are made today will have a great deal of bearing over what that future looks like.
Having the representation of a skilled contested divorce legal representative will keep that future insight for you even if you are unable to see it for yourself. At the law offices of Juan Luciano Divorce Lawyer, we are with you each step of the way, helping to resolve your marital issues in the most amicable way possible, with integrity, dignity, and an eye on your best future possible.
If you’ve been served with divorce papers and don’t agree with them, it’s important to act quickly. In New York, contesting a divorce means filing specific forms – either a Notice of Appearance and Demand for Complaint or a verified answer and counter-claim. These must be submitted to the New York Supreme Court in the same county where the case was started. You’ll also need to deliver a copy of the forms to your spouse or their attorney.
Timing matters here. If you were served within New York, you have 20 days to respond. If you were served outside the state, you have 30 days. Missing this deadline could result in a default judgment, meaning the court could grant the divorce based on your spouse’s terms without hearing your side.
One thing to keep in mind: don’t sign the “Affidavit of Defendant.” Signing it confirms that you accept the divorce and its terms, which may not align with what you want. Before making any decisions, it’s a good idea to speak with a New York City contested divorce attorney. They can guide you through the legal process, help protect your interests, and make sure your voice is heard.
While divorce is never easy, finding the right contested divorce attorney doesn’t have to be difficult. At Juan Luciano Divorce Lawyer, we don’t believe that marriages must end in discord, even when they are contested. Even litigated divorces can happen without bitterness. We know how to walk that fine line between cooperative negotiation and aggressive strategy. Whether you are facing an uncontested divorce, or a contested one, we are here to help. Together we work as a team as we prepare you for a bright future post-divorce.
Call (212) 537-5859 today to schedule a consultation.
