Contested Divorce Lawyer New York
Not every New York divorce proceeds by agreement. When spouses disagree about the grounds for divorce, about how to divide marital property, about support, or about custody and parenting time, the case becomes a contested divorce, meaning the disputed issues will be decided through New York’s litigation process rather than resolved entirely by settlement. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent clients through contested divorce proceedings across New York, including cases involving disputes over property division, support, custody, or the grounds for divorce itself. A contested divorce can still settle at any point before trial, and many do, but the case is prepared and litigated differently from the outset when the parties are not aligned on the issues involved. Because New York’s divorce statute lists several distinct grounds a party can plead, and because a contested case often involves formal discovery, financial disclosure, and court appearances beyond what an agreement-based case requires, understanding what makes a divorce contested, and what that means procedurally, is a useful starting point. Call (888) 437-7747 to discuss a contested divorce matter.
What Contested Divorce Means in New York
A divorce becomes contested when the spouses disagree on one or more issues the court must resolve, whether the grounds for the divorce itself, the division of marital property, spousal maintenance, child support, or custody and parenting time. N.Y. Dom. Rel. Law § 170 sets out seven grounds on which a New York divorce may be granted: cruel and inhuman treatment; abandonment for one year or more; imprisonment of the defendant for three or more consecutive years; adultery, as specifically defined by the statute; living apart for six months or more under a separation judgment; living apart for six months or more under a written separation agreement; and the no-fault ground, based on an irretrievable breakdown of the marriage for at least six months as sworn to by one party. A spouse can plead any applicable ground, and disputes can arise over whether the pleaded ground is established, in addition to disputes over the financial and custody issues in the case.
Unlike an uncontested divorce, where the parties resolve these issues by agreement and the court’s role is largely to review and incorporate that agreement into a judgment, a contested divorce involves the court actively deciding the disputed issues, which typically requires financial disclosure from both spouses, and can involve pretrial discovery, motion practice, and potentially a trial if the parties do not settle beforehand. Even in a contested case, however, settlement remains possible at any stage, and many contested divorces resolve through negotiation before trial once the parties have exchanged information and better understand the issues in dispute. Because the scope of what is actually contested varies from case to case, from a single disputed issue to a full disagreement on every major question, the litigation process is tailored to the specific issues the parties have not resolved.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Contested Divorce Cases
Mr. Sris and the firm’s Of Counsel attorneys begin a contested divorce matter by identifying which issues are actually in dispute, whether the grounds for the divorce, property division, support, or custody, since the scope of what is contested shapes how the case is prepared and litigated. Where the grounds themselves are disputed, the firm’s Of Counsel attorneys evaluate the evidence available under the specific subdivision of N.Y. Dom. Rel. Law § 170 being pursued, whether a fault-based ground or the no-fault ground.
For financial and custody disputes, the firm’s Of Counsel attorneys work through the required financial disclosures, gather the documentation needed to support a client’s position on property division, maintenance, or child support, and prepare for the discovery and motion practice that a contested case can involve. Mr. Sris and the firm’s Of Counsel attorneys represent clients on both sides of these disputes, whether a client is seeking a larger share of the marital estate, defending against a maintenance claim, or litigating a custody disagreement. Because a contested divorce can settle at any stage even after litigation has begun, the firm’s Of Counsel attorneys continue to evaluate settlement opportunities throughout the case, while preparing as though the disputed issues may need to be decided by the court if a resolution is not reached. This dual approach, preparing for litigation while remaining open to negotiated resolution, reflects how most contested matters actually proceed through New York’s court system, whether the case ultimately settles or proceeds to a trial on the remaining disputed issues.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. His background from George Mason University in accounting and information systems has been applied to complex financial and technology-related cases the firm has handled, including contested divorces involving disputed assets and income. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In contested divorce matters, Mr. Sris and the firm’s Of Counsel attorneys work with clients to identify the disputed issues in their case and to prepare the evidence and documentation those issues require, whether the dispute concerns grounds, property, support, or custody. The firm’s Of Counsel attorneys contract directly with the firm.
Clients facing a contested divorce, on any of the issues that can be disputed, can request a consultation to discuss the specific facts of their case. The intake line is staffed for 24/7 phone intake. Mr. Sris and the firm’s Of Counsel attorneys do not guarantee any particular outcome in a contested divorce; the result depends on the evidence presented and the court’s application of New York law to the facts of each case.
Frequently Asked Questions
What makes a New York divorce “contested” rather than “uncontested”?
A divorce is contested when the spouses disagree on one or more issues the court must resolve, such as the grounds for the divorce, division of marital property, maintenance, child support, or custody. An uncontested divorce, by contrast, involves spouses who have resolved these issues by agreement, leaving the court to review and incorporate that agreement into the judgment rather than deciding disputed questions.
What are the grounds for divorce in New York?
N.Y. Dom. Rel. Law § 170 lists seven grounds: cruel and inhuman treatment, abandonment for one year or more, imprisonment of three or more consecutive years, adultery as specifically defined by the statute, living apart for six months or more under a separation judgment, living apart for six months or more under a written separation agreement, and the no-fault ground based on an irretrievable breakdown of the marriage for at least six months.
Can a contested divorce settle before trial?
Yes. Settlement remains possible at any point in a contested divorce, including after litigation, discovery, or motion practice has already begun. Many contested divorces resolve through negotiation once the parties have exchanged financial information and have a clearer understanding of the issues in dispute, even if the case initially proceeded as fully contested. A case that starts contested does not necessarily end in a trial.
What issues commonly get disputed in a contested divorce?
Commonly disputed issues include the grounds for the divorce itself, the division of marital property, spousal maintenance, child support, and custody or parenting time. A case can be contested on a single issue, such as property division alone, or on multiple issues at once, and the scope of what is actually in dispute affects how the case is prepared and how long it may take to resolve.
Does a contested divorce always go to trial?
No. While a contested divorce is prepared with the possibility of trial in mind, most contested matters resolve through negotiated settlement before reaching that stage, once the parties have exchanged financial disclosures and evaluated their respective positions. A trial becomes necessary only when the parties are unable to reach agreement on the remaining disputed issues after that process.
Can I change from a contested to an uncontested divorce during the case?
Yes. Spouses who begin a contested divorce can reach agreement on the disputed issues at any point, which can convert the remaining process into one resembling an uncontested case, since the court’s role then shifts toward reviewing and incorporating the parties’ agreement. This shift can happen at various stages, from early negotiation to settlement discussions that occur closer to trial.