Contested Divorce Lawyer Nassau County

A divorce becomes contested when the parties disagree about the ground for divorce, or when they agree the marriage should end but cannot agree on the economic issues or custody arrangements that go along with it. Law Offices Of SRIS, P.C. represents clients in contested divorce matters filed in the New York State trial courts in Nassau County, including matters proceeding at the Nassau County Supreme Court, 100 Supreme Court Drive, Mineola, NY 11501, part of New York’s 10th Judicial District. Filing a contested matrimonial action triggers automatic financial restraints and a compulsory disclosure process, both of which apply regardless of which specific issues are in dispute. The firm does not maintain a physical location in Nassau County. Consultations are conducted by appointment rather than as a free consultation. Because a contested divorce can turn on facts unique to each marriage, the firm does not guarantee any particular outcome regarding the ground, the property division, or custody. Call (888) 437-7747 to request a scheduled consultation.

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Grounds for Divorce and What Makes a Case Contested

New York law recognizes seven grounds for divorce under N.Y. Dom. Rel. Law § 170. These include cruel and inhuman treatment, abandonment for a period of one year or more, imprisonment of the defendant for three or more consecutive years, adultery, living apart pursuant to a separation decree, living apart pursuant to a written separation agreement, and the no-fault ground at DRL § 170(7), which allows a divorce where the marriage relationship has broken down irretrievably for a period of at least six months, as sworn to by one of the parties. A divorce becomes contested when the parties dispute which ground applies, when one party disputes that any ground is established, or — most commonly under the no-fault ground — when the parties agree the marriage has broken down but cannot agree on the equitable distribution of property, spousal support, child support, or custody and visitation. Under DRL § 170(7), a judgment cannot be entered until those economic issues and any custody or visitation issues have actually been resolved, whether by agreement or by the court, which means a no-fault filing can still become a fully contested case if the parties cannot agree on the terms that go along with it.

Automatic Restraints and Financial Disclosure Once a Case Is Filed

The moment a matrimonial summons is filed and served in New York, N.Y. Dom. Rel. Law § 236(B)(2)(b) puts a set of automatic orders into effect without either party needing to ask a judge for them. These self-executing restraints bar both spouses from transferring, encumbering, or otherwise disposing of property, retirement accounts, or insurance coverage, and from incurring unreasonable debts, without the other party’s written consent or a court order, and they remain in effect until the divorce judgment is entered or the parties agree otherwise. Because the automatic orders take effect by statute rather than through a separate court application, both parties should understand their scope as soon as a case is filed rather than waiting for a judge to sign a specific order. Separately, N.Y. Dom. Rel. Law § 236(B)(4) requires both parties in a contested matrimonial action to exchange sworn net worth statements as part of the case’s financial disclosure process, which becomes especially important where equitable distribution, spousal maintenance, or child support are in dispute. Together, the automatic restraints and the disclosure obligation shape the early stages of most contested Nassau County divorce cases well before any hearing on the merits takes place.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies when reviewing the financial disclosure at issue in a contested divorce.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in contested divorce matters filed in Nassau County. The intake line is staffed 24/7, and clients may call (888) 437-7747 to request a scheduled consultation; the firm does not offer free consultations.

Frequently Asked Questions

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

A divorce is contested when the parties dispute the ground for divorce or cannot agree on the economic issues or custody arrangements that accompany it, even under the no-fault ground in DRL § 170(7), which cannot result in a judgment until those issues are resolved.

What are the grounds for divorce in New York?

DRL § 170 lists seven grounds: cruel and inhuman treatment, abandonment of a year or more, imprisonment of three or more consecutive years, adultery, living apart under a separation decree, living apart under a separation agreement, and the no-fault ground requiring an irretrievable breakdown of at least six months.

What are the “automatic orders” in a New York divorce?

DRL § 236(B)(2)(b) creates self-executing financial restraints that take effect upon filing and service of the matrimonial summons, barring both parties from disposing of property or incurring unreasonable debt without consent or a court order, until judgment.

Do I need to go to court to have the automatic orders apply?

No. The automatic orders under DRL § 236(B)(2)(b) apply by statute as soon as the summons is filed and served; they do not require a separate court application to take initial effect.

What financial disclosure is required in a contested divorce?

DRL § 236(B)(4) requires both spouses to exchange sworn net worth statements, which becomes especially significant where equitable distribution, maintenance, or child support are contested issues in the case.

Where are contested divorce cases filed in Nassau County?

Matrimonial actions in Nassau County are filed in the New York State trial courts in Nassau County, including the Nassau County Supreme Court at 100 Supreme Court Drive, Mineola, NY 11501, in New York’s 10th Judicial District.

Can a no-fault filing still turn into a contested case?

Yes. Under DRL § 170(7), a judgment cannot be entered until economic issues and custody or visitation are resolved, so a no-fault filing can still be fully contested if the parties disagree on those terms.

Does the firm guarantee how the ground or the economic issues will be resolved?

No. The firm does not guarantee any particular outcome in a contested divorce; results depend on facts unique to each case, and case results depend on a variety of factors unique to each 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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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