The Law Offices of Michael Catalanotto, P.C. The Law Offices of Michael Catalanotto, P.C.

Contested Divorce

Suffolk County Contested Divorce Lawyer

Experienced Contested Divorce Attorney Serving New York

At The Law Offices of Michael Catalanotto, P.C., we understand that going through a contested divorce can be emotionally challenging and legally complex. Our dedicated team of experienced attorneys is here to provide you with strong legal representation and guide you through the process of a contested divorce in Suffolk County, New York. With our expertise and commitment to client satisfaction, we have established ourselves as trusted advocates for individuals facing contentious divorce proceedings.

Contact us online or give us a call at (631) 621-3750 today to schedule a consultation with our divorce attorney in Suffolk County!

Understanding Contested Divorce in Suffolk County

A contested divorce occurs when spouses are unable to reach a mutual agreement on key divorce issues such as division of assets, child custody, child support, and alimony. In these cases, the court intervenes to resolve the disputes and make decisions that are in the best interests of both parties involved. It is crucial to have a skilled contested divorce lawyer by your side who can protect your rights, advocate for your interests, and help you navigate the legal complexities of the process.

What Is the Difference Between Contested and Uncontested Divorce in New York?

The main difference between contested and uncontested divorce in New York is whether the spouses agree on the terms. In a contested divorce, spouses disagree on key issues like property division or custody, requiring court intervention, which makes the process more time-consuming, expensive, and emotionally taxing. In contrast, an uncontested divorce involves mutual agreement on all terms, making it quicker, cheaper, and less stressful.

How Much Does a Contested Divorce Cost in New York?

The cost of a contested divorce in New York can vary significantly depending on various factors, including the complexity of the case, the number of issues that need to be resolved (such as child custody, property division, and spousal support), and the length of time the case lasts. On average, the cost of a contested divorce in New York can range from $5,000 to $20,000 or more, but it can be higher in particularly complex cases.

How Long Does a Contested Divorce Take in New York? 

The length of time it takes to finalize a contested divorce in New York depends on the complexity of the case, the willingness of both parties to negotiate, and the court's schedule. On average, a contested divorce in New York can take anywhere from 6 months to several years to resolve.

Key Issues in a Contested Divorce

In a contested divorce, there are typically several key issues that the parties need to address before the divorce can be finalized. These issues may include:

Property Division

One of the most contentious issues in any divorce is the division of marital property. New York follows an equitable distribution model, meaning that assets and debts are divided fairly but not necessarily equally.

Child Custody and Visitation

If the couple has children, custody and visitation arrangements can be a major point of contention. New York courts determine custody based on the best interests of the child, taking into consideration factors such as the child's age, emotional needs, and the ability of each parent to provide a stable environment.

Child Support

In addition to custody, child support is often a contested issue in divorce cases. Child support in New York is determined based on the state's guidelines, which consider factors such as the income of both parents, the number of children, and any special needs of the child.

Spousal Support (Alimony)

In some cases, one spouse may be entitled to receive spousal support, also known as alimony, after the divorce. New York courts take various factors into account when determining spousal support, including the length of the marriage, the income of each spouse, and the recipient spouse's financial needs.

The Contested Divorce Process in New York

The process of a contested divorce in New York can take months or even years, depending on the complexity of the case and the willingness of the parties to negotiate. A Suffolk County contested divorce lawyer will be able to guide you through each stage of the process, which typically includes the following steps:

  1. Filing for Divorce: The first step in any divorce is to file a summons and complaint with the court. In a contested divorce, the party filing for divorce (the plaintiff) will outline the reasons for seeking divorce and the issues that are in dispute. The defendant spouse will then have an opportunity to respond to the complaint. This begins the formal legal process, and the court will schedule hearings as necessary.
  2. Discovery Phase: The discovery phase is where both parties exchange information and documents relevant to the divorce. This may include financial records, property listings, and any other documents that pertain to the issues in dispute. A Suffolk County contested divorce attorney will assist you in gathering and organizing the necessary information, and may also issue subpoenas if required to obtain information from the other party.
  3. Negotiation and Mediation: In many cases, even when the divorce is contested, the parties may be able to resolve some or all of the issues through negotiation or mediation. Mediation is a process in which a neutral third party helps the spouses work through their differences and reach an agreement. If negotiations or mediation are successful, the terms of the divorce can be formalized in a settlement agreement. If the parties are unable to reach a resolution, the case will proceed to trial.
  4. Trial: If a contested divorce cannot be resolved through negotiation or mediation, the case will proceed to trial. At trial, both parties will present their arguments, evidence, and testimony to the court. The judge will then make decisions on the disputed issues, including property division, child custody, child support, and spousal support.
  5. Final Judgment of Divorce: Once the court has made its decisions on all contested issues, the judge will issue a final judgment of divorce. This document will outline the terms of the divorce, including any custody arrangements, property division, child support, and spousal support orders. Once both parties have complied with the court's orders, the divorce will be finalized.

Reach out today for a free legal consultation with a Suffolk County contested divorce lawyer by calling (631) 621-3750 or filling out our online form.

Comprehensive Legal Services for Contested Divorce in Suffolk County

At The Law Offices of Michael Catalanotto, P.C., we offer a comprehensive range of legal services to clients involved in contested divorce cases. Our knowledgeable attorneys have extensive experience in handling complex divorce matters and are committed to achieving the best possible outcomes for our clients. Here are some of the key areas we can assist you with:

  1. Case Evaluation and Strategy: Our attorneys will thoroughly assess the unique aspects of your case, including the issues in dispute, the assets involved, and the desired outcomes. We will develop a personalized legal strategy tailored to your specific situation and goals.
  2. Mediation and Alternative Dispute Resolution: We understand the benefits of resolving divorce disputes outside of court whenever possible. Our team is skilled in mediation and alternative dispute resolution techniques, working diligently to find mutually agreeable solutions that can minimize conflict and preserve relationships.
  3. Property Division: Dividing marital assets can be a contentious issue in a contested divorce. Our attorneys have the experience and expertise to identify and value assets, including real estate, investments, retirement accounts, and business interests. We will work diligently to protect your financial interests and ensure a fair distribution of assets.
  4. Child Custody and Visitation: If you have children, determining child custody and visitation arrangements can be emotionally charged. Our attorneys are committed to protecting the best interests of your children and will advocate for a custody and visitation plan that fosters their well-being and maintains your parental rights.
  5. Child Support and Alimony: Our team can help you navigate the complexities of child support and alimony (spousal support) calculations. We will ensure that the appropriate factors are considered and that support payments are fair and in compliance with New York state guidelines.
  6. Court Representation: In the event that your case goes to trial, our skilled litigators will provide assertive representation in the courtroom. We will present your case effectively, cross-examine witnesses, and argue persuasively to protect your rights and interests.

Choose The Law Offices of Michael Catalanotto, P.C. for Your Contested Divorce

When you choose The Law Offices of Michael Catalanotto, P.C. as your Suffolk County contested divorce lawyers, you can trust that you have a dedicated legal team on your side. We are committed to providing personalized attention, clear communication, and effective representation throughout the entire process. We will work tirelessly to protect your rights, advocate for your interests, and help you navigate the challenges of a contested divorce.

Contact us online to give us a call at (631) 621-3750 today to schedule a consultation and learn more about how we can assist you with your contested divorce in Suffolk County, New York. Trust The Law Offices of Michael Catalanotto, P.C. to guide you through this difficult time.

 

  • “Divorce is never pleasant but having a strong, knowledgeable team behind you, makes an awful situation more bearable!” - Jan S.
  • “Michael and his entire staff worked tirelessly to assist during my divorce mediation process.” - Anonymous
  • “He fought to protect the best interests of my children, and myself.” - Jennifer B.