Divorce is always a serious matter and the divorce process can get complicated quickly. It may seem odd, but sometimes getting served divorce papers can come as a complete shock to people. Whether they never saw the writing on the wall or they were left in the complete dark about the issues in their marriage, there are countless reasons why someone could decide to file for divorce. While working through the details of the separation, if there is anything that the spouses do not agree on, then it is considered a contested divorce. During the divorce process, each spouse has the option to work with a contested divorce lawyer to help them navigate through the entire process while protecting their rights and ensuring that the final agreement is as fair as possible.
Don’t navigate the complicated process of a contested divorce alone. Protect your rights and ensure the best possible outcome in your case by working with a New York contested divorce lawyer. At the Law Offices of Juan Luciano Divorce Lawyer, our experienced lawyers can guide you through the entire process, from filing the initial paperwork to representing you in court and advocating for your best interests. A contested divorce can bring much uncertainty, especially on matters such as how long getting a divorce can take. Our team can work diligently and efficiently to set expectations and meet your goals while ensuring a fair resolution. Contact us today at (212) 537-5859.
What Can You Expect While Going Through The Process Of A Contested Divorce?
You can expect a lot of back and forth between spouses and attorneys in a contested divorce. This usually means that a greater amount of time is spent going through the divorce proceedings. The most challenging part of a contested divorce is coming up with a solution where both spouses are in agreement with the final decisions of their divorce. All of the back-and-forth and continuous negotiations can add a lot of additional stress to an already difficult and stressful situation. Aside from the additional time it may take to finalize the divorce, the legal expenses for each spouse are greater, especially if the case ends up going to trial.
Why Does a Divorce Take So Long?
The average duration of a divorce in New York is approximately 3 months for uncontested cases and 9 months for contested cases. However, the exact timeline can vary significantly, particularly if there are extensive disagreements.
Several factors can influence the length of divorce proceedings, such as the presence of children, property division, and other related matters. The complexity of the required paperwork and the necessity for the judge to thoroughly review it to ensure compliance with divorce laws and the best interests of the children can extend the time needed to finalize the divorce. Additionally, the court’s schedule can also impact the overall duration of the process.
When spouses are unable to collaborate and resolve crucial issues, resolving these issues falls into the hands of the judge. This not only prolongs the process but also increases legal expenses due to additional fees for document preparation and court appearances.
In cases where disputed assets, such as retirement benefits or real estate investments, are involved, it is common to request appraisals to assign a specific monetary value to these assets. This process can also be both costly and time-consuming.
Each divorce case is unique, and the specific circumstances and complexities involved can impact the overall duration of the divorce. It’s essential to consult with an experienced New York divorce lawyer who can guide you through the process and provide you with more accurate timelines based on your individual situation. Contact Juan Luciano Divorce Lawyer today for a consultation.
Does A Contested Divorce Mean You Have To Go To Trial At Divorce Court?
No, not all contested divorces end up in divorce court. In fact, most contested divorces end up settling before having to go to court. If both spouses are able to come to an agreement during the settlement phase of the divorce process, then there is no longer a need for the case to go to trial. The spouse’s attorneys will be able to complete and file the necessary paperwork to finalize the divorce. If the spouses are unable to come to an agreement, then the case will move to trial, where all evidence and claims will be presented to a judge, and the judge will make all the final decisions of the divorce.
What Does The Process Of A Contested Divorce Look Like?
When someone files for a divorce, the other spouse is served divorce papers and has a certain number of days to respond. After that, the spouses and their attorneys will begin the discovery process, which is where all of the relevant information regarding the marriage is gathered. This part of the process can include subpoenas and depositions of witnesses. Once all the information is gathered, the next step would be for the attorney to negotiate with the opposing attorney, and to work with their client in coming up with a settlement proposal. The results of the settlement process will then determine if the case will need to go to divorce court.
|The Process of a Contested Divorce||Description|
|Filing for Divorce||One spouse initiates the divorce by filing divorce papers.|
|Serving Divorce Papers||The other spouse is served with the divorce papers and has a specific timeframe to respond.|
|Discovery Process||Spouses and their attorneys gather all relevant information about the marriage, which may involve subpoenas and depositions.|
|Negotiation and Settlement||Attorneys negotiate with each other and work with their respective clients to reach a settlement proposal.|
|Settlement Outcome||The settlement proposal determines whether the case proceeds to divorce court or if an agreement is reached.|
|Divorce Court Trial||If no agreement is reached, the case goes to trial, where evidence and claims are presented to a judge who makes the final decisions.|
|Finalizing the Divorce||Necessary paperwork is completed and filed to officially finalize the divorce.|