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New York City Contested Divorce Lawyer

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What is Contested Divorce in New York City?

Mother and son are watching a baseball game on tvThe decision to dissolve a marriage can be one of the most difficult decisions a person makes, even in the best situation.

When a couple cannot agree on provisions within the divorce, another layer of anxiety is added to an already difficult process.

Whether the disagreement is about child custody, equitable distribution, alimony, or divorce in general, the divorce becomes contested. Contested divorces take longer than uncontested divorces, and they require more negotiation for the couple to reach an agreement.

If you are facing disagreements in your divorce, contact an experienced New York City divorce lawyer like Vivien I. Stark to negotiate in the most amicable way possible. Since we specialize in family and marital law, we have experience in contested divorces and other aspects of divorce. We work to reach your best outcome quickly and cost-effectively. We aim to reduce stress as much as possible so our clients can get on with their lives.

What Happens in a Contested Divorce?

The most common disagreements in divorces are custody arrangements and property division. However, a contested divorce can refer to a disagreement on anything, including but  not limited to, child support, visitation rights, parenting time, debt, spousal support, equitable distribution or counsel fees. When a divorce is contested, both spouses will need to exchange documents and possibly appraise real estate, retirement assets or other property. If the parties are still unable to reach an agreement after the exchange of documents and the completion of appraisals, a trial will be scheduled before a judge who will make a determination on the final outcome.

Not every contested divorce is a knock-down-drag-out event, and as your attorneys, we do all we can to keep your divorce from escalating to a court proceeding to save you both the financial and emotional wear-and-tear. We are diligent and determined when it come to negotiating on your behalf to ensure that you get what is fair, equitable and meets your goals. If a trial becomes necessary, we are competent and effective advocates who protect your rights.

This usually requires several hearings and extensive negotiation. Occasionally, the disagreements can be settled before they escalate to court hearings, but it usually requires an attorney experienced in divorce law. At the law office of Vivien I. Stark, P.C. we take every measure to attempt settling disagreements outside of court to save our clients time and money. Vivien I. Stark has over 30 years of experience in family and divorce law and represents her clients with compassion and fairness.

In the event that a case does need to be seen by a judge, spouses will need to substantiate their claims surrounding the disagreement. Simply stating a complaint without proof will not be enough to reach an agreement. Spouses must specifically include details, dates, locations, and other proof of any and all allegations. If property or asset division is contested, the judge will divide it based on equitable distribution; property is not strictly split down the middle.

The judge determines division after considering a number of factors, including income and length of marriage, among other things. If the disagreement is on the custody or support of a child, the judge will base his or her decision on the child’s best interest. Of course, if the grounds for divorce or the divorce itself is contested, the judge will require each spouse to think carefully about each side and submit any necessary proof. Because contested divorces can quickly become complicated and cause a great deal of resentment, it is vital to have a skilled New York City contested divorce lawyer.

Experienced New York City Contested Divorce Lawyer

Vivien I. Stark navigates the difficult waters for people during the most stressful kinds of divorce settlements. She is aggressive in her ambitions for her clients and a thoughtful listener. She’s been practicing divorce and family law in the five boroughs of New York City for 30 years.

At the law office of Vivien I. Stark, P.C. we are deeply committed to the satisfaction and well-being of our clients. We fight for your rights and best interest, along with the best interest of your children, and work to reconcile both sides’ disagreements as quickly as possible. If your case cannot be resolved, the issues will be determined at trial. Vivien I. Stark has been recognized as a top contributor and a superb member of Avvo and is an accredited member of the Better Business Bureau.

To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.


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