Contested Divorce Lawyer Queens County

A divorce becomes contested when spouses cannot agree on one or more issues the court needs to resolve, whether that disagreement involves the grounds for divorce itself, the division of marital property, spousal maintenance, child support, or custody and visitation arrangements. New York law provides seven grounds a spouse can plead under Domestic Relations Law § 170, ranging from fault-based grounds such as cruel and inhuman treatment or abandonment to the no-fault ground under subdivision (7), and disagreement over which ground applies, or whether the underlying facts support the ground pled, can itself make a Queens County divorce contested. Even where the grounds are not disputed, disagreement over the couple’s finances or their children’s arrangements is enough to place a case on a contested track, which typically involves more extensive discovery, negotiation, and potentially trial than an uncontested filing. A contested divorce lawyer serving Queens County can help a spouse understand what issues are actually in dispute, what evidence and documentation the case will require, and how the litigation process is likely to unfold. Law Offices Of SRIS, P.C. represents spouses in contested Queens County divorce matters from filing through resolution. To discuss a contested divorce matter connected to Queens County, call (888) 437-7747.

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What Contested Divorce Means in Queens County

New York law sets out seven grounds for divorce in Domestic Relations Law § 170. Six are fault-based: cruel and inhuman treatment that makes it unsafe or improper to continue living together; abandonment of the plaintiff for one year or more; imprisonment of the defendant for three or more consecutive years after the marriage; adultery, which the statute itself defines; living apart for six months or more under a decree or judgment of separation; and living apart for six months or more under a written, acknowledged separation agreement. The seventh ground, found in subdivision (7), is New York’s no-fault option, allowing a divorce where the marriage has broken down irretrievably for at least six months, sworn to by one party, though a judgment cannot be entered under that ground until the case’s economic and custody issues are resolved.

A divorce becomes contested when the spouses disagree about one or more of these issues, and that disagreement is not limited to which ground applies. Two spouses might agree that the no-fault ground applies but still disagree sharply about how to divide marital property under the equitable distribution factors in Domestic Relations Law § 236(B)(5), how much maintenance, if any, one spouse should pay the other, or how to structure custody and parenting time for the couple’s children. Because New York’s no-fault ground itself requires these economic and custody issues to be resolved before judgment, a case can remain contested on the ancillary issues even after the grounds question is settled.

Once a Queens County matrimonial action is filed, statutory automatic orders under Domestic Relations Law § 236(B)(2)(b) take effect, restraining both spouses from transferring property, changing insurance coverage, or incurring unreasonable debt without consent or a court order, which shapes how both spouses need to conduct their finances while a contested case is pending.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent spouses in contested Queens County divorce matters, whether the dispute centers on the grounds for divorce, equitable distribution, maintenance, child support, or custody and visitation. The firm’s process begins with identifying which issues are actually contested in a given case, since a case can be contested on some issues while the parties agree on others, and the litigation strategy differs depending on the scope of the disagreement.

Mr. Sris and the firm’s Of Counsel attorneys review the applicable grounds under Domestic Relations Law § 170, gather the financial documentation needed to address equitable distribution and maintenance questions under Domestic Relations Law § 236(B), and, where children are involved, address custody and support alongside the case’s other contested issues. The firm also advises clients on the statutory automatic orders that take effect once a matrimonial action is filed, since those restraints apply throughout a contested case and can affect how a spouse manages accounts, insurance, and other financial matters while litigation is pending.

The firm does not offer free consultations. Clients in Queens County facing a contested divorce, or anticipating that a divorce filing will become contested, can schedule an appointment by calling the firm’s intake line, staffed for 24/7 phone intake. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and work with Mr. Sris on Queens County matters as needed. Because a contested divorce can involve extended negotiation, discovery, and potentially trial, the firm reviews each case’s contested issues early to plan an appropriate approach.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and continues to serve as its Owner and Founder. He is a former prosecutor, and that litigation background carries into his work on contested family law matters, where disputed facts and disagreements between spouses often require careful preparation. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his background in accounting and information systems from George Mason University supports his work on the financial disclosure and documentation that contested divorce cases frequently involve. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C.; collectively, Mr. Sris and the firm’s Of Counsel attorneys handle the firm’s Queens County contested divorce matters.

The firm concentrates in family law, including contested divorce litigation, and does not guarantee any particular result in a contested case, since outcomes depend on the specific facts, the applicable grounds, and how the equitable distribution and support factors apply. Mr. Sris and the firm’s Of Counsel attorneys review each Queens County contested divorce individually, recognizing that a dispute over grounds, property, support, or custody each requires a different focus.

Frequently Asked Questions

What makes a New York divorce “contested” rather than uncontested?

A divorce is generally considered contested when the spouses disagree about one or more issues the court needs to resolve, such as which ground under Domestic Relations Law § 170 applies, how to divide marital property, whether maintenance should be paid, or how to handle child custody and support. A case can be contested on some issues while the spouses agree on others. A contested divorce lawyer serving Queens County can review the specific facts to identify which issues are actually in dispute.

Do I have to prove fault to get divorced in New York?

No. Domestic Relations Law § 170(7) allows a divorce where the marriage has broken down irretrievably for at least six months, sworn to by one party, without requiring proof of fault. A judgment cannot be entered under that ground, however, until the economic and custody issues in the case are resolved. A spouse can still choose to plead one of the six fault-based grounds instead, and a contested divorce lawyer serving Queens County can discuss which ground fits the case.

What happens to our finances once a contested divorce is filed?

Once a matrimonial action is commenced in New York, statutory automatic orders under Domestic Relations Law § 236(B)(2)(b) take effect, restraining both spouses from transferring or encumbering property, changing insurance coverage, or incurring unreasonable debt without written consent or a court order, with limited exceptions such as usual business transactions and reasonable attorney’s fees. These restraints apply automatically upon filing and service and remain in effect until judgment. A contested divorce lawyer serving Queens County can explain how the automatic orders apply to a specific case.

How is marital property divided in a contested Queens County divorce?

Domestic Relations Law § 236(B)(5) directs courts to distribute marital property equitably, considering the circumstances of the case and sixteen enumerated factors, including each spouse’s income and property, the duration of the marriage, and the difficulty of valuing certain assets, among others. Equitable distribution does not necessarily mean an equal split. A contested divorce lawyer serving Queens County can review how these factors are likely to apply to a specific couple’s assets.

How long does a contested divorce typically take in Queens County?

This page does not state a specific timeline for contested divorce proceedings, since the length of a case depends heavily on how many issues are disputed, the complexity of the couple’s finances, and the court’s schedule. A case involving significant disagreement over equitable distribution, maintenance, or custody generally takes longer than a case with fewer disputed issues. A contested divorce lawyer serving Queens County can discuss what to expect based on the specific facts of a case.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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