Going through a contested divorce in Queens or anywhere can be as adversarial as any other litigation, sometimes more so. In a contested divorce, the spouses cannot agree to the key issues that must be settled before a divorce is granted: division of property and debts, spousal maintenance, child custody, child visitation and child support. Because what is at stake make up the very lives of the parties, emotions and stress can run high. Since the parties cannot agree on these important issues, their lawyers must present their cases to the court and let the court decide. They then must live with the outcome for a very long time, because New York courts do not modify maintenance, support, custody and visitation orders lightly. Therefore, if it even looks like you and your spouse are headed for a contested divorce, it is imperative that you consult with a Queens contested divorce lawyer at your first opportunity. Your attorney may even be able to help you reach an agreement with your spouse that will enable you to have an uncontested divorce.
Contested Divorce Is a Long ProcessA contested divorce can be both long and expensive. The lawyers for each party might each call accountants, expert witnesses and appraisers to develop reports and testify. The lawyers each consult with child behaviorists who are called on to testify at trial. There might be several rounds of discovery and depositions. As just one example, it must be certain that all property is accounted for and properly valued on top of determining whether or not it is marital property that must be “equitably distributed.”
Contested divorce takes a lot of time, and of course, that can mean a lot of money. It’s apparent that contested divorced take a lot more money than uncontested ones. But there is also an emotional cost. The nature of a contested divorce is adversarial, and it will often make feelings on both sides more negative the longer the process drags on. And when it’s over, if the couple have children, they must still deal with each other for years to come. This can also be very hard on children who feels the stress of their parents at a time when they are already trying to adjust to living apart from one of their parents. The children may even need to relocate out of Queens with the custodial parent, which is another stress.
An important consideration is that if a couple cannot agree to key issues, then they must leave it to a Queens court to decide for them. Even though their Queens contested divorce lawyer may make a good case, when a judge decides, it’s quite possible that neither party will be happy with the result. All of this means that if a couple can come to an agreement and get an uncontested divorce, it is generally better for all concerned.
If You Can Reach Agreement, You Can Get a Less Stressful Uncontested DivorceAn uncontested divorce is simply one where the couples agree on the key issues and ask the court to follow their agreement. Of course, when it comes to matters to do with children, the court will consider the best interests of the child, not just what the parents want. Often lawyers can be instrumental in helping couples to reach agreement.
If a couple would like to work out their differences and avoid contested divorce, but are stuck on an issue or two, they might consider trying the collaborative divorce process, which is structured so the two people and their specially trained collaborative divorce attorneys work together instead of being adversaries. It’s always possible to go back to getting a contested divorce in the appropriate court in Queens if no agreement can be reached.
Easier on Everyone When There is a Prenuptial or Postnuptial AgreementThough it can be hard to contemplate divorce before a couple marries or during the marriage, prenuptial and postnuptial agreements can go a long way toward making it possible to avoid a contested divorce should the time come when a couple decides to part ways whether or not they remain in Queens. This is because they have worked through difficult issues such as property division, spousal maintenance and possibly even child custody and child support at a time when they were not facing the emotional crisis of a divorce. Often these agreements do not address everything. For example, often matters concerning children are not included. But anything that can be agreed upon in advance just puts the parties that far ahead. Of course, in some cases, one of the parties may challenge the agreement, but if they do, the attorney must present solid legal grounds.
Queens Contested Divorce LawyerIt is always a good idea to have an attorney to protect your interests when you divorce, but if you cannot agree on key issues with your spouse and are likely to end up in a contested divorce, it is imperative that you consult with the best Queens divorce lawyer you can find. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully representing clients who are seeking a divorce, legal separation or annulment. We also represent clients on issues related to custody, child support and spousal support. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.