Contested Divorce
A contested divorce is where some or all of the issues ? such as child support and visitation, child support, property distribution and spousal support ? have not been agreed upon by the parties.
In a contested divorce, I devote a great effort to negotiating with the other side. If I can amicably resolve the disputed issues through negotiation or mediation, you can avoid the great expense ? both financially and emotionally ? of a trial.
In a majority of cases, contested divorces are settled prior to a trial. In essence, the contested divorce becomes a negotiated uncontested divorce. This spares the parties and the children of an enormous expenditure of resources. It also avoids a deepening of the chasm of divisiveness between the two parties. It?s important to recognize that when minor children are involved, the two parties still will be co-parenting after they are divorced.
When children are involved in a contested divorce, I work to keep lines of dialogue open between the divorcing spouses so they can work together for the benefit and best interests of children.
To help negotiations proceed in a practical and realistic way, I often show clients prior cases and precedents taken from New York courts. I can show clients prior cases that have similar fact patterns to their case and show them what the result patterns were in court. This gives clients an understanding of what kind of results they can expect. From my 20 years of experience in the New York court system, I also know the judges and court officials and I can tell clients how the courts decided cases similar to theirs.
When negotiations aren?t possible, I spend a lot of time explaining the court process to my clients so they are prepared. I sometimes bring nervous clients to court to see other divorce cases being tried so they can see what happens, know what to expect, and become more comfortable for their court date. I stay with clients throughout the court process; I won?t leave them alone and do other things. The results will vary on the same set of facts not only from court to court but from judge to judge. There are some judges who never give custody to men and there are judges who will assign a lot of alimony. By knowing in advance what to expect, I can help my client be more prepared to negotiate and litigate.