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Nobody gets married with the intention of one day getting divorced, but it happens to even the most loving of couples. Many times, a separation is amicable, making the divorce easy and rather straight forward. There are situations, however, where one or both spouses contests the divorce, making the involvement of the court system almost inevitable. There are a lot of issues at stake in such a situation, which is why Manhattan contested divorce lawyers are available to help. Keep reading to learn some of the ways that legal assistance can help in when a divorce is vigorously contested on all levels.
Contested Divorces Explained
If you and your spouse are bent on getting a divorce, yet you are unable to come to terms that you can both agree upon, a contested divorce is the result. Many times, a divorce can be finalized without the intervention of the court system, but a contested one may very well end up in a prolonged legal battle. If a trial is called for, the judge will often call in witnesses and elicit testimony from all parties involved before making a final determination of how the divorce will ultimately be settled. It is the judge’s responsibility to determine what is just for each spouse and how assets will be split up. This also involves other issues such as child and pet custody disputes and more. If you find that you are involved in a contested divorce yourself, you will not want to fight the battle alone. There are simply to many legal issues involved, so you will want a Manhattan contested divorce lawyer working on your behalf.
Reasons to Seek a Contested Divorce
While many spouses will get divorced rather quickly, having already settled the distribution of marital property on their own, that is not always possible. A contested divorce becomes the course of action when both parties in the separation cannot settle matters by themselves. While there are times when mediation works, even that process has its limitations. Going through the family court system is a way to ensure that the interests of both spouses are represented and that property and other assets accumulated during the marriage are divided in accordance with the law and in a manner that is fair. A contested divorce is a way of helping to ensure that you get out of the marriage what you are legally entitled to.
If you are in a situation where you have quite a few assets, including joint bank accounts, you might want to consider a contested divorce as well. Even if you and your soon to be ex spouse are not necessarily fighting over the money, it might be in your interest to let a family court decide on the way to legally distribute the marital assets. You might also be involved in a bitter separation where you suspect that your spouse has hidden a considerable number of assets from you. If that is the case, a contest divorce proceeding will help to find those and get them distributed to you in a way that is fair and just.
Another reason to contest a divorce is when there are child custody issues to consider. You might have a major concern over your spouse having any type of custody arrangements with the children, so you will want to have the judge rule to that effect. Your Manhattan contest divorce attorney understands the law in New York and will work to get that done for you if at all possible. If sole custody is warranted, they will fight to make sure that it is granted to you.
The Process Involved in a Contested Divorce Proceeding
If it becomes apparent that both parties cannot reach terms of an amicable separation, a divorce petition should be filed in your local court. This is how the process gets started, as the papers will subsequently be served to your spouse. Your soon to be ex partner will then need to respond to the filing within a certain amount of time, as allowed for by the court. It is very possible that your spouse will not agree with the terms of the divorce that you have outlined in the filing, and that will set off a process where both of you will likely appear in family court in order to defend your own wishes. A contested divorce in Manhattan can take anywhere from a day to several months to complete. It really depends on how complicated the filing is, how many assets there are to divide, and if there are any eventuating circumstances that must be settled. If there are child custody issues involved, or any need for expert testimony to resolve your differences, the process can get quite length.
A contested Manhattan divorce lawyer can help you settle complicated legal issues that often result from a bitter and complicated separation. You need an attorney on your side who is willing to fight for what is legally yours. Contact our office for a consultation and learn what we can do for you.