Contested Divorce in QueensSaturday, November 26th, 2016, 9:04 pm
Divorce is a complicated process regardless of the circumstances, but when the parties attempting to divorce cannot agree, the situation becomes even more difficult. Whether the divorcing couple disagree about divorcing in general or they are struggling to come to an agreement on how assets, debts, and custody should be divided it is known as a contested divorce.
What is a Contested Divorce?
When a divorce is “contested,” it means that the parties are unable to come to an agreement on how the divorce should be handled. While just about every divorce will have a disagreement or two, these disagreements can usually be handled outside of court between the divorcing individuals and their lawyers.
If the couple is unable to agree upon the way certain assets or situations should be handled, the divorce will need to go to trial.
How Does a Contested Divorce Work?
The beginning stages of a contested divorce are not much different than an uncontested divorce where both parties agree to a settlement. After filing for divorce, both individuals will need to secure attorneys to represent them. In the first court appearance, temporary “motions” will grant support or custody to one member of the couple.
The next step involves developing a settlement. Both parties and their attorneys will attempt to come up with a settlement that both individuals agree to. This settlement will determine the details of the divorce, including how property and debt will be divided, who will be given custody, and if child or spousal support is needed.
The divorce process changes if a settlement cannot be reached. If an agreement cannot be made, the parties divorcing and their attorneys will need to prepare to go to trial. This includes giving depositions, testimonies, and opinions about the marriage and the proper way to separate.
If the parties can still not agree, they will need to present their cases to a judge who will ultimately make the separation decisions.
Using a Queens Divorce Lawyer in a Contested Divorce
If you’re going through a difficult divorce, you will want to work with a divorce attorney willing to fight for you and the separation terms you deserve. The expert divorce attorneys at FK Law Group in Queens can help you through a contested divorce. Contact our office at 800-631-1757 to begin talking about your situation.