Contested Divorce - Is it Necessary?

A contested divorce is a type of divorce where a couple cannot come to an agreement about the terms of their divorce, such as child custody, equitable distribution, or spousal support. This can be a very stressful and anxiety-inducing situation, especially if you have children involved in the situation.

If you are involved in a contested divorce, you will likely need the help of a family law attorney to guide you through the process and protect your rights. Your lawyer will also work with you to find a resolution that is fair for all parties involved.

Contested Divorce is Not Always Necessary

A disputed divorce can take longer to resolve than an uncontested one. It can also be more expensive and time-consuming, as well as more stressful. If your relationship with your spouse is still very antagonistic despite the efforts you have put into trying to reach an amicable settlement, then it may be time to consider a contested divorce as a means of ending your marriage.

Often, when spouses are able to negotiate their divorce through mediation or other methods, they can reach an agreement that they both find satisfactory. This can shorten the amount of time needed to complete the legal procedures, cut down on lawyer’s fees, and even reduce the number of court hearings and trials.

It can also be easier to make the case for your claims if you are backed up by extensive documentation, financial records or other evidence. It’s important to understand that if you don’t have enough evidence to back up your arguments, the judge will not give them much weight.

If the judge makes a ruling that you don’t agree with, you can file for an appeal at your own expense. The judge will review the case again and decide if the ruling is appropriate or needs to be changed based on new evidence.

Contested Divorces are a last resort and should only be used when other options have failed to achieve a positive outcome for the entire family.

When a couple is able to reach an amicable settlement through negotiations, it can be very helpful in cutting down on the legal fees and time spent on court proceedings. It can also make the divorce process less emotionally taxing on all parties, particularly the children.

Many contested divorces end up being settled through the courts after the initial discovery and negotiation phases. This can be a very frustrating and expensive process, but it is essential that you reach an amicable solution to your divorce.

In most contested divorce cases, the first hearing before the judge is called the Preliminary Conference. During this hearing, the attorneys for both parties will meet with the judge and provide information about their cases. This can include the division of property, alimony, spousal support, child custody, and visitation.

Once the judge has determined the issues that need to be resolved, they will schedule a trial date for the case. This is usually within six months of the preliminary conference.

The Benefits of Getting a Divorce Lawyer

Whether you have just filed for divorce or are going through an already-filed divorce, getting a divorce lawyer can make the process go much more smoothly. This is especially true if the lawyer you hire has extensive experience in this area.

Divorces are a messy and emotionally charged situation that is difficult for any couple to handle on their own. This is especially true for those who have children and are fighting over a variety of issues. It is very easy for these issues to turn into petty squabbles and for the situation to become very stressful.

A good divorce attorney can help you remain objective and keep you from becoming emotional and prone to making rash decisions. They can also help you focus on the big picture and get you to an equitable solution for you, your family, and your children.

They can also clue you into things that you might not have known about, such as retirement accounts or pensions that your spouse may be entitled to.

The legal rules surrounding these items vary from state to state, so it is important that you have an attorney who knows the laws in your jurisdiction. This will help you avoid any unnecessary complications that could cost you a lot of money and time in the long run.

An experienced divorce lawyer can also help you negotiate many of the pitfalls that can arise during this time, such as when it comes to assets. This includes dealing with items like homes, cars, bank accounts, and even retirement benefits.

Lastly, an experienced divorce attorney can help you deal with issues that are often quite sensitive to the parties involved, such as custody and parenting time. This can help you avoid retaliation and ensure that your kids' needs are met in the best possible way.

A qualified divorce attorney can also help you work through issues of gender bias in child custody cases, if that is something that is significant in your case. They can even help you develop a more positive communication style with your former spouse, which is often hard to do in this situation.

This will also make it easier to communicate with your former spouse, which is vital to avoid any negative feelings towards them that you might have.

The last, and probably most important, the benefit of getting a divorce attorney is that they will be able to protect your interests throughout the entire process. This will include guiding you through the filing process, helping you to draft legal documents that are relevant to your situation, and ensuring that everything is handled in a timely manner.

They can also help you to prepare for your court date, which will save you a tremendous amount of stress. This is especially true if your divorce involves any contested issues, such as alimony or child support.

The best divorce attorneys will be able to take care of the entire process for you, allowing you to concentrate on other aspects of your life while they do the heavy lifting. This will ultimately make your divorce a less stressful process and enable you to get the results you are looking for.

How to File an Uncontested Divorce

An uncontested divorce is an option for couples who have reached an agreement about all issues relating to the end of their marriage. This usually includes how assets, such as a home or retirement funds, will be divided, whether either spouse will pay alimony, and what custody, support, and visitation arrangements will be made for children.

Often, this type of divorce is less costly than traditional contested divorces. This is because the process of preparing and filing the paperwork is streamlined. It also reduces the number of court hearings and a trial that would be required in a contested divorce.

If you are pursuing an uncontested divorce, your first step is to serve the documents on your spouse. This can be done by a sheriff’s office, a professional process server, or a family member. The papers must be served on your spouse within a specific period of time, generally 60 days after you file them. If your spouse does not respond, a default judgment will be issued.

The next step is to calendar your case for the next available hearing date. A judge will then make a ruling on the issues that you and your spouse have agreed to resolve.

In many states, a final decree of divorce will be issued within a few months, provided that all necessary paperwork is filed and the hearing is held as scheduled. However, in some cases, a six-month waiting period may be required.

This is because in some states, a divorce can only be granted when both parties are separated for a certain period of time (usually a year or more). This means that even if you and your spouse agree on all of the divorce issues, it might take a long time to get a final decree of divorce.

Another reason that an uncontested divorce is less expensive than a contested one is that the two parties may reach an agreement outside of the court system. The two parties will work with attorneys or professional mediators to reach a resolution of the issues. Once the two parties have come to an agreement, they will be able to draft a settlement agreement.

After a settlement is reached, the parties must sign a document that says they have agreed to the terms of the divorce. This document can be a contract or a court order.

An attorney can help you prepare the document and draft a settlement agreement that you can sign. They will also be able to answer any questions you have about the divorce process or the legal issues involved.

Once your documents have been prepared, you will need to file them with the county clerk. This can be done online or by mail.

It is also a good idea to seek the advice of a divorce attorney or professional mediator before signing any documents. This can help you understand the legal ramifications of your decision and may help to ease some of the emotions that come up during the divorce process.

Juan Luciano Divorce Lawyer - Bronx

Juan Luciano Divorce Lawyer - Bronx

187 E 163rd St, Bronx, NY 10451, United States

(718)519-8336