Factors in a Contested Divorce in New York

When a couple separates, their relationship has come to an end and it is time to move on. However, in a legal sense, another step is required — a divorce that represents the official parting of ways and the end of a legally recognized union.

A divorce can be straightforward, or it can be contested and protracted. Here's a look at some of the common factors of a contested divorce in the state of New York.

What Is a Contested Divorce?

A contested divorce is simply any divorce in which the two former partners cannot agree on a specific issue. There are always disagreements during divorce proceedings, but these may be minor in some cases, thus leading to a smooth and streamlined transition. This would be considered an uncontested divorce.

However, there are cases in which disagreements are major. Not only are these disagreements major, but they also represent a serious obstacle that must be overcome. This is what New York authorities mean by the term "contested divorce."

Factors in a Contested Divorce

A divorce can be contested for almost any reason, as it simply refers to a disagreement that derails or impedes the proceedings. However, in real life, there are a number of points of disagreement in a divorce, and these same points tend to arise again and again in the state of New York.
These factors include:

Custody of children

Determining which partner should be awarded custody of the children following a divorce and deciding on visitation and decision-making rights for each individual party may cause difficulty.

Child support payments

The court will need to ensure that children have the proper financial support and stability following the divorce by mandating specific levels of child support payments.

Division and distribution of property

Proceedings will determine who has the right to retain any assets that were owned by the couple during the course of their marriage. The family home is typically the most valuable asset, but there may be other contested items, such as:

• Business ownership
• Commercial property ownership
• Commercial vehicles
• Family use vehicles
• Holiday homes or vacation properties
• Commercial equipment
• High-value physical investments

Debt responsibility

New York's courts will not generally allow one partner to fall under an unmanageable debt load following a divorce, and will instead seek to divide debt responsibility fairly between the two parties. Repayment schedules as well as the total amount of debt may be contested.

Alimony payments or spousal maintenance

In the majority of cases, the courts of New York will do their best to ensure both parties are able to enjoy the same quality of life they experienced during the marriage. This usually means requiring that one partner pay the other an alimony payment, or spousal maintenance payment, to help them maintain the lifestyle they are used to.

Temporary maintenance payments

Not all alimony or maintenance payments will be permanent. Some will only be temporary or short-term payments. In the case that one partner is deemed to be highly employable, or if it is ruled that their financial situation is likely to improve in a short time, they may only need a temporary maintenance payment to support them during this transition.

Considering the Factors that Led to Divorce

If the court takes this view, there may be other factors to contend with. For example, one party may need to demonstrate their contribution to the marriage and show that they are entitled to favorable treatment as a result. In other instances, one party may need to prove that the divorce was not exclusively their fault, and so they should not be left at a disadvantage when assets are divided up.

The Influence of Other Documents and Rulings on the Divorce

It's common to hear talk of "prenups" — or prenuptial agreements — in relation to divorce proceedings. This is a legal document that is signed before the marriage is made official. It is designed to outline the rights and responsibilities of both parties in the event that the relationship should come to an end. 

Similar documents may also be signed after the marriage. These are typically known as post-nuptial agreements and serve the same purpose as a prenuptial agreement.

There are caveats here, however. Simply because there is a prenuptial or post-nuptial agreement in place, this does not automatically prevent a contested divorce proceeding from taking place. While the agreement serves as a guide, and the court will certainly take this into account, contested divorce proceedings may still be deemed necessary.

If the court decides that the document is invalid, or if there is any external factor that may call the legitimacy of the document into question, the court may order that contested divorce proceedings are carried out. The court may also order this if they think that the agreement does not provide a fair outcome for one of the partners. 

Advantages of an Uncontested Divorce

Of course, in an ideal world, all divorces would be uncontested. An uncontested divorce:

• Is far less stressful and traumatic for all parties concerned
• Is a smoother and more streamlined path to the next phase of life for all parties
• Is less time-consuming than a contested divorce
• Is less expensive than a contested divorce
• Offers more certainty than a contested divorce — it's not always easy to predict which way the court will rule in a contested divorce

Navigate New York Divorce Proceedings with Guidance and Support

Even if your divorce is relatively amicable and uncontested, it is useful to have legal guidance and support you can rely on. In the event of a contested divorce, proper representation and counsel become all the more vital. Reach out today to discover more about what New York divorce attorneys can do for you.