Dissolving a marriage is always a difficult decision and dissolving a marriage when the parties are unable to set the terms of the dissolution amicably makes this process even more harder and more painful. Complex decisions involving children, custody, child support, spousal support (aka maintenance), real estate property, retirement assets, retirement accounts, brokerage accounts, bank accounts, debt, etc. must be made. When the two parties are unable to agree to the terms of the divorce, it is referred to as a contested divorce. The contested divorce procedure takes longer and is considerable more complicated. A careful and critical negotiation process is necessary on behalf of the two parties to ensure a resolution is reached.

New York State’s Equitable Distribution Law
New York State follows an equitable distribution model when determining how the parties’ assets are to be split in a divorce. “Equitable” here refers to an idea of fairness and does not mean a 50-50 split. Courts take several factors into account when determining how assets are to be distributed including:

• Length of the marriage
• Age and health of each spouse
• Separate property and income of each spouse
• Tax and debt obligations
• Each spouse’s contribution to the marriage before the divorce
• Other financial issues that occurred before the divorce, such as losing money to gambling

Contact a trusted experienced New York City matrimonial attorney like Stephanie Burke to represent you and stand by your side during this trying and complex process. Don’t leave the most important and painful decision of your marriage up to chance. Take control. With many years’ experience in matters of family and matrimonial law, The Law Office of Stephanie Burke has handled numerous contested divorce cases and we work tirelessly for you to resolve your contested divorce quickly and to your benefit.

Spousal Support (a.k.a. Maintenance)
Spousal support, also known as Maintenance, is based on the assumption that spouses have a duty to care for one another and that this duty continues even after marriage ends in divorce. Courts look at several factors when determining how much spousal support is appropriate. The judge will examine the needs of the spouse asking for support and if the other spouse has the means to provide this financial support. Some of the factors that can decide how much spousal support a spouse receives are length or the marriage, the parties’ present and future earning capacity, equitable distribution or property, etc. The courts also examine whether one spouse has in any way inhibited the ability of the other to earn or obtain employment. A common example of this is domestic violence. If one spouse’s abuse has affected the other spouse from earning to keeping a job, the courts might consider this when making their decision on spousal support. If you waive your right to spousal support at the time of finalizing the divorce decree, it will be difficult to obtain it at a later date through modification, even if your circumstances change.

The typical contested divorce
Before a contested divorce is finalized, there are numerous steps and procedures that the parties must go through. The first step is finding the right matrimonial attorney who will draft, file and arrange service of your divorce papers on the other party. This process also includes pre-trial motions, motion practice, hearings, settlement proposals, and court trial. Typically, New York City courts first address the matter of child custody before moving on to the equitable distribution of the financial assets of the parties.

Settlement
The settlement phase is where the parties attempt to resolve matters. Often the divorce judge will ask the two parties to come to an agreement. However, this is not always possible; sometimes it can be downright hostile. When this happens, the next step is divorce court and trial.

Trial
During the trial phase, the parties must each present witnesses and evidence which is cross-examined by their attorneys. Upon the closing of the trial the judge issues a decision within 30 to 60 says. Because this is a trial in court, the attorneys each present a closing argument which is then followed by the court’s decision to finalize the divorce. As mentioned above, the courts will first conduct a trial for child custody and then for equitable distribution.