New York Contested Divorce Frequently Asked Questions

A divorce will be contested if the parties are unable to negotiate settlement terms on their own or with the help of a mediator, and as a result must have a judge resolve the issues through divorce litigation. The issues that are commonly at the heart of the disagreements include child custody, division of property, debt allocation, and alimony.

A contested divorce is basically one party suing the other, and like any litigation, that can involve discovery, calling witnesses, making motions, introducing documents into evidence and testifying before the court. But when it comes to divorce, people usually settle before they get to trial.

The process of a New York contested divorce typically follows these steps:

• One party files for divorce
• The party who filed serves the divorce papers on the other party. If process cannot be served, perhaps because the whereabouts of the second party are unknown, the court can approve service of the divorce notification by alternative process such as publication.
• The second party responds
• There is a request for judicial intervention in order to get the divorce on the court’s calendar
• Before the preliminary conference, the judge or clerk meets with the two sides to determine what issues they agree to and what issues may go to trial.
• In the preliminary conference, a judge will typically encourage the parties to resolve as many issues as possible. If there are unresolved issues at the end of the conference, a discovery schedule will be set up and a trial date set. The trial date is normally within a year, but it can be longer if the case is complicated.
• The judge may make temporary orders of alimony, child custody, child visitation and child support.
• Discovery takes place so each side can ask questions and get answers regarding contested issues.
• Very few cases actually go to trial, so the case will probably settle before trial.
• If the defendant party does not answer, the party who filed for the divorce can move for a default judgment. Otherwise, if the parties do not settle, they go to trial.

If a divorce is uncontested that means that the couple has agreed to the terms of the divorce settlement, including child custody, alimony, child support, debt allocation, and division of property. As a result, the process will be streamlined, and the couple will not have to go before a judge to have their issues resolved. Typically, the judge will simply sign off on the settlement and grant the divorce.