If you have a divorce case in Queens or you are about to embark on a divorce in the Queens area and your not sure if your spouse will contest your request, than it is imperative that you consult with an experienced Queens contested divorce lawyer as soon as possible.
What is an uncontested divorce?
An uncontested divorce is a situation wherein both spouses are able to reach amicable agreements regarding the dissolution of their marital status and community property, requiring limited court services.
What is a contested divorce?
A contested divorce is a situation where spouses are unable to come to any agreements without the necessity of legal counsel and court intervention. Primary indications that your divorce is a contested matter are when parties begin filing motions and undertaking discovery in order to obtain information, documents or things that will support your position.
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What are primary issues involved in contested divorce cases?
There are many issues that may arise during a contested, and it is absolutely critical that you have an experienced attorney representing you to ensure that your rights are protected. It’s not unlikely to have the other side do anything they can to prevail in a contested divorce, which makes it even more important for you to have the right lawyer on your side.
Domestic violence
According to New York law, domestic violence is defined as a course of conduct exhibit coercive tactics, which may include, but are not limited to physical, verbal, sexual or verbal abuse http://www.nycourts.gov/topics/domesticViolence.shtml. Allegations of Domestic abuse is a primary issue raised in contested divorce cases. Whether you have been accused of domestic violence or are the victim of domestic abuse, this issue can have significant legal ramifications and can lead to criminal charges.
Child support
In New York State, child support is calculated according to the Child Support Standards Act, which takes into consideration various factors regarding each parents income and time spent with the children(ren). Child Support Standards Chart
http://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf. Although the State has enacted these guideline, there still arises conflict and dispute regarding the data or financial information used to calculate support. To avoid child support being inaccurately calculated in your case consult with an experience family law attorney before child support orders are made in your case to ensure that your support order is accurate.
Spousal support
Spousal support (also known as spousal maintenance) is another highly contested issue in divorce cases. Spousal support calculated based on the parties income and needs, and is modifiable throughout the divorce proceedings and after, based on a variety of circumstances, including, but not limited to increase or decrease of income or loss of employment. A skilled divorce lawyer can help you limit litigation regarding spousal support by establishing a support amount consistent with the law.
Division of assets and debts
In a divorce proceeding, disputes often arise relating to the division of assets and debts. The parties may differ regarding how much of an interest an party has in an asset, or they may disagree on whether it is a “community” or “separate” asset. Likewise, disputes often arise when attempting to allocate or assign debts.
Discovery
Discovery is the formal method of demanding information, documents, or things be produced by your spouse, or by another person or entity in control of items that are relevant to your divorce and will likely lead to evidence that will support your case.
Motion filing
Your divorce case can also be identified as a contested divorce by filing of motions, or request for the court to make orders regarding various issue or matter in your case. Making sure that your paperwork prepared accurately is a critical element to success in a contested divorce case, and a contested divorce lawyer can ensure your motion and pleadings are skillfully prepared.
Hearings
Attending or preparing for court hearings is a large part of a contested divorce case, and is a primary indication that your divorce is a contested matter.
Trial
In every contested divorce case, the ultimate goal is to conclude the matter and finalize the divorce. In most case, even contested matters are resolved without the need of a trial, but there are those cases that must be taken to all the way to trial in order to reach a final resolution to the case. In this situation, it is imperative that you speak with an experienced contested divorce lawyer as soon as possible.
Do I need a contested divorce lawyer for my case?
If you are unable to reach agreements with your spouse regarding simple matters involved in your divorce, its likely you need a contested divorce lawyer and a delay in consulting with one may harm your case.