When a couple cannot agree to terms of a divorce or the grounds that the divorce is based upon, the divorce will be considered “contested.” These couples often find themselves in a court case, sometimes based on one or two contested issues. You could face a contested case even before addressing the relevant topics of the marriage. Most people choose “no-fault” grounds to avoid contested grounds. Most contested cases are based on one or more of the same issues, including alimony, property distribution, child support, and child custody. These topics can easily lead a couple to a court battle that can impact the whole family.
Equitable Distribution
The division of assets is one of the most contested issues of a divorce. Couples often disagree with how their assets should be distributed. One may consider their contribution to the family to be greater than the other and often believe that they should keep a bigger piece of the pie. When a couple cannot agree outside of court on how to divide their belongings, they could face a judge that will decide on the matter. New York is an equitable distribution state and will allocate assets how they deem “fair and just.”
Spousal Maintenance
Out of all the issues that can be contested, alimony, known as spousal maintenance, can easily lead to litigation. One party often believes that they are entitled to a certain support structure because of their contribution to the home life while the other believes that they should be able to keep more money because they contributed more to the marriage financially. When a couple cannot agree to a fair support structure, they may have to allow a judge to decide on the matter.
Child Custody
Child custody may be one of the hardest issues for a couple to agree upon in a divorce. Parents have worked to establish a positive and continuing relationship with their child or children. Some may find it unbearable to face the idea that their child will no longer live with them every day. Parent need to address residential and legal custody. When one parent has been a larger part of a child’s life because the other spent more time working to support the family, they might feel entitled to residential custody. Stay-at-home parents sometimes believe that they should have more rights to the child. It is important to note that parents have equal rights in child custody cases. This topic leads couples to a court case where a judge will decide on the matter for them with little knowledge of their circumstances.
If you need an attorney that can effectively represent your interests in a contested divorce, contact our firm today.
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.
