Contested Divorce Attorney: Your Litigation Guide

A contested divorce begins when the plaintiff files a Summons with Notice or a Summons and Verified Complaint with the County Clerk's Office, along with the $335 filing fee. The plaintiff must serve these documents on the defendant, who has 20 days to respond if served within New York or 30 days if served outside the state. A Request for Judicial Intervention must be filed no later than 45 days from service, unless both parties file a Notice of No Necessity extending the deadline to 120 days. The court then schedules a preliminary conference where the judge identifies disputed issues and sets a discovery timeline. A contested divorce attorney uses this conference strategically to frame the case from the outset.

Discovery is the phase where each party exchanges financial records, answers interrogatories, and submits to depositions. Both spouses must file a Statement of Net Worth listing all income, expenses, assets, and liabilities. Your attorney may subpoena bank records or business valuations to uncover hidden assets. After discovery, a compliance conference confirms both sides have met their obligations. If the case remains unresolved, a note of issue is filed and the matter proceeds to trial, where each side presents witnesses and documentary evidence before the judge issues a binding divorce litigation ruling.

Before a final judgment is entered, either party may seek temporary orders for spousal maintenance, child support, or exclusive use of the marital residence. Under New York Domestic Relations Law Section 236(B)(5-a), courts apply a statutory formula to calculate temporary maintenance. These interim orders can profoundly shape negotiation dynamics. Your contested divorce attorney evaluates whether filing for or opposing temporary relief serves your broader strategic goals.

When custody or complex financial matters are in dispute, judges frequently appoint forensic professionals. A forensic custody evaluation involves interviews with both parents and the children, psychological testing, and home visits. The evaluator's report carries significant weight in the judge's final child custody determination. Similarly, business appraisers and pension valuation experts provide testimony that directly influences asset division. Your attorney must be prepared to challenge unfavorable expert opinions through cross-examination and, when necessary, retain rebuttal experts.

New York is an equitable distribution state, meaning the court divides marital property based on fairness rather than a strict fifty-fifty split. Under Domestic Relations Law Section 236(B)(5)(d), the court considers factors including the marriage's duration, each party's health, the custodial parent's need to occupy the marital home, and any dissipation of assets. A contested divorce attorney traces each asset's origin to distinguish marital property from separate property. Commingled assets require forensic accounting to determine each party's rightful share. Your attorney works with accountants and appraisers to build an evidence-based argument for equitable distribution that reflects your contributions and future needs.

New York courts apply the "best interests of the child" standard when resolving custody disputes. Judges assess each parent's ability to provide a stable home, the parent-child relationship quality, and each parent's willingness to foster a positive connection with the other parent. Evidence of domestic violence or substance abuse is given substantial weight. Your contested divorce attorney gathers school records, medical documentation, and witness testimony to build a persuasive custody narrative.

New York's Supreme Court follows strict procedural rules governing discovery deadlines, motion practice, and evidence admissibility. Missing a filing deadline can result in default judgments or the exclusion of critical evidence. A contested divorce attorney understands the New York Civil Practice Law and Rules and uses procedural knowledge as a tactical advantage. A properly timed motion for pendente lite relief can secure immediate financial protection, while a targeted discovery demand can expose hidden income.

Divorce agreements are difficult to modify after the judgment is entered. Accepting an unfavorable property division settlement without understanding its implications can have consequences that persist for years. Without counsel, you may undervalue deferred compensation or pension benefits. Spousal maintenance calculations under New York's guidelines involve detailed income analysis, and errors can cost thousands annually. The upfront cost of retaining experienced counsel is almost always outweighed by the losses from navigating contested litigation alone.