Contested Divorce Attorney
The process of divorce is never an easy one, even in the most friendly of divorces. It affects the whole family, especially the children. But it can be particularly challenging when spouses can’t or are unwilling to work together to come to some final resolution of their differences. When a marriage must involve the courts to decide the terms of the divorce, this is referred to as a contested divorce.
As one of the most stressful experiences in an individual’s life, getting divorced is a time when you may be facing great uncertainty about your future and that of your child or children. You should seek out an advocate who takes the time to listen and empathize yet can implement aggressive strategies when called for.
At The Law Office of Ryan Besinque, New York contested divorce lawyer Ryan Besinque, and our Manhattan divorce attorneys have a proven track record of getting results for our clients. Whether your ex-spouse is dragging out your divorce or you’re facing a contested divorce for a different matter, we may be able to help. Contact us now at (929) 251-4477 to schedule a legal consultation for your divorce case.
It stands to reason that a couple’s communication has probably broken down significantly by the time they decide to divorce. At this point, there may be significant disharmony and an inability to come to common ground, particularly when it comes to things such as the division of property, custody, and child support.
The main difference between contested and uncontested divorce is where the final decision-making comes from. In an uncontested divorce, a couple comes to an agreement that works best for them outside the courtroom. There might be significant divorce mediation, but the end result is one that is not court-imposed. An uncontested divorce is usually more cost-effective and quicker to resolve.
A contested divorce is one where the judge makes the final decisions regarding the terms of your divorce and other family law matters. These include the division of your marital property, who gets custody of your child or children, how visitation will be structured, whether you get spousal support, how much child support will be ordered, and various other aspects of how you will go forward as separate individuals.
Whether you’re seeking to get divorced, establish a custody agreement, fight for custody or visitation of your children, escape an abusive relationship through an order of protection, create new/modify existing child support orders, or any other family law matters, The Law Office of Ryan Besinque is here to provide you with consistent communication and comprehensive support. Contact us now at (929) 251-4477 to speak with an experienced Manhattan divorce attorney.
While you and your lawyer will make your case before the judge in a divorce that is contested, the final decision is no longer in your hands. It is critical to have the assistance of an experienced attorney specializing in contested divorce on your side to help effectively and clearly make your case before the judge.
While you may have convincing arguments to support your stance, it is crucial to understand that the courts prefer to work with divorcing spouses who can work cooperatively with each other. The more animosity and contention, the less patience the court may have for your situation.
This is where a skilled Manhattan family law attorney comes in handy. An experienced New York City attorney who is excellent in dealing with contested divorce will understand how to effectively navigate your case before the court to ensure that your needs are met while still maintaining the court’s patience. Call us today at (929) 251-4477 for a comprehensive consultation and to find out how we can put our experienced NYC divorce attorneys to work for you.
While a contested divorce may seem inevitable for your situation, it can be emotionally and financially draining and can set you up for a future of more adversarial communications. In many cases, having an outside party can direct the conversation toward a mutually beneficial settlement. With the right NYC divorce lawyer, you may be able to skillfully negotiate toward an agreement that you both can live with.
At The Law Office of Ryan Besinque, we strive to steer the divorce process in a way that can be cooperatively settled outside of court, but we recognize when that is not possible. In those cases, we determine the best way forward. Sometimes, that means taking aggressive approaches. You can contact us at (929) 251-4477 to discuss your divorce issues with an experienced divorce attorney. Old or new, every client matters.
A contested divorce can allow you to take a good hard look at the critical areas that will be affecting you going forward. These can be both emotional and financial. Although an uncontested divorce may seem easier, the decisions made now will affect you and your child or children for years to come. You never want to agree to things that may not be in your best interests just to avoid conflict.
If you have substantial marital assets, suspect that your spouse has hidden assets, or your marriage has a history of inequality of power, emotional abuse, or domestic violence, litigating through the family court system ensures that all matters come to light and that the divorce settlement is a safe and fair one.
At The Law Office of Ryan Besinque, an experienced contested divorce attorney will skillfully guide you each step of the way to ensure that your divorce agreement is one that you and your child or children truly deserve and will serve you into the future. Contact us at (929) 251-4477 to schedule an appointment.
New York divorce laws are relatively conservative, and obtaining a divorce in New York requires grounds to do so. These include:
An irretrievable breakdown in the marriage for a minimum of 6 months
Abandonment
Imprisonment
Adultery
Cruel and inhuman treatment
Divorce after a legal separation agreement
Divorce after a judgment of separation
No-fault divorces have been available in New York since 2010. This is when a couple can use the grounds that the marriage has been irretrievably broken. The couple must still agree to matters of property division, custody and support of children, and spousal support, which can be either settled mutually outside of court or court-ordered. At The Law Office of Ryan Besinque, our experienced family law attorneys can help you with all of your divorce issues. Contact us today at (929) 251-4477 to speak with a skilled family law attorney and understand your rights in your divorce case.
Due to the high cost of a divorce that is contested, all divorcing couples should try to resolve their conflicts through negotiation, if possible. Although most high-conflict, contested cases start out with litigation, most of them can be resolved through skillful negotiation once the discovery process is complete, as long as the parties and their divorce attorneys are satisfied that they have all of the information necessary to effectively negotiate a divorce settlement.
When you settle your contested case out of court in New York, you maintain a degree of control over the terms which ultimately will bind you. Additionally, you will be in a position to better tailor the settlement to meet your specific needs and interests, as well as those of your children.
If you are unable to settle, you subject yourself to a court’s determination. The judge, who may not know or understand your family’s unique needs, will decide your and your spouse’s respective rights and obligations.
Of course, there can be times when one or more issues warrant the expense of a trial. That is usually when the amount in dispute justifies the expense of a trial, and both the party and his/her lawyer believe that they have a good likelihood of success. In many instances, an experienced New York attorney for divorce can streamline the trial process, and related expense, by resolving the resolvable issues and limiting the trial to only the unresolvable issues.
At the Law Office of Ryan Besinque, our team of experienced New York lawyers for divorce have years of experience in helping families go through the process of divorce smoothly. Contact our law office today to schedule a consultation regarding your contested divorce case.
A contested divorce is similar to a court trial. Each party will have its own legal representation and be able to provide evidence to the court in support of its claims. Witnesses may also be called to support allegations by either side. While this can be an emotional task, it is necessary for the judge to have all the evidence needed to make fair decisions on behalf of the couple. Having a skilled Manhattan lawyer for contested divorce when appearing before the court is critical to ensure that your situation is well-supported and understood.
If a contested divorce is the only option for a divorcing couple, there is a specific timeline and sequence of events to follow in Manhattan, NY. Understanding this process can help in preparing for what is to come.
The general timeline starts with filing a Request for Judicial Intervention (RJI) within 45 days of serving the divorce summons, or 120 days if both parties file a Notice of No Necessity.
A Statement of Net Worth must be exchanged and filed at least 10 days before the preliminary conference, which is held within 45 days of the RJI filing date. A compliance conference may also be scheduled.
Discovery must be completed and a Note of Issue filed no later than 6 months from the date of the preliminary conference, and the divorce trial must be scheduled no later than 6 months from the date of the preliminary conference. The timeline may vary depending on the specifics of each case, so consulting with a lawyer is recommended.
Attorney Ryan Besinque has years of experience helping clients work through contested divorces in New York. Together with our team of lawyers for contested divorce in New York City, our goal is to advocate for a divorce process that is as smooth as possible. Whether you’re facing a no-fault divorce or a contested one, our team of lawyers will work hard to protect your rights. Contact us today to schedule a consultation about your contested divorce case.
In a contested divorce case in New York, the process of financial discovery begins after one spouse files for divorce. This process can be tedious and difficult for both parties involved. Each spouse may send lengthy lists of questions (called interrogatories) which must be answered under oath and drafted by their New York family attorneys. Interrogatories typically focus on finances, assets, pensions, and other related financial matters. Additionally, divorce attorneys can serve notices to produce documents such as bank statements, credit card bills, receipts, tax returns, and paycheck stubs.
Unlike mediators and collaborative lawyers, divorce litigators in New York can also serve discovery subpoenas on third parties for this type of information. New York Family lawyers typically review the interrogatory answers and documents, then question the spouses in person while they are under oath at a deposition.
Third parties who have relevant information, such as business partners, bookkeepers, accountants, or other witnesses, may also be questioned at a deposition. The deposition process takes place in the presence of a stenographer or court reporter, who transcribes the entire process into a transcript.
If you are facing a contested divorce in New York, it is important to seek the help of an experienced lawyer right away. A skilled divorce lawyer may be able to help you have a smoother divorce process and help you understand your rights and responsibilities.
It is critical for individuals to have the representation of a highly experienced lawyer for contested divorces who understands the dynamics of the court and the judges they will appear before.
At The Law Office of Ryan Besinque, divorce attorney Ryan Besinque, and our talented New York lawyers for contested divorce pride themselves on getting the best results for our clients who are involved in complex divorce situations.
While we diligently work to resolve a settlement outside of court, we understand that is not always possible. We aggressively represent our clients’ needs in contested divorces each step of the way to ensure that their best interests are served. If you are facing a contested divorce, we understand what it takes to successfully represent your needs.
Contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477 to schedule an appointment with a contested divorce attorney to discuss your situation.
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