Contested Divorce Attorneys in Queens
Effective Negotiators, Aggressive Litigators
There are a lot of misconceptions surrounding contested divorce. Many people imagine tense courtroom arguments between combative attorneys, but that is not the reality of most contested divorces.
At Levi Divorce & Family Law Attorneys, our Queens contested divorce attorneys know that litigation is expensive and emotionally draining, which is why we focus on settling your divorce through negotiation. We strive to make sure your voice is heard.
The Meaning of Contested Divorce
If your divorce is contested, it simply means that you and your spouse do not agree on absolutely every aspect of your divorce. Even a minor disagreement that may be easily resolved makes a divorce contested.
Contested divorce is often shrouded in misconceptions, and we would like to alleviate some of your concerns by dispelling any myths you may have heard. Below are some common misconceptions:
- Courts favor mothers for custody.
The belief that the official position of the court is to award child custody to the mother is extremely common. However, it is not true. Today, courts view parents as parents without the distinction between mother and father. They recognize that the child deserves a relationship with both parents and consider that when awarding custody.
- Fault matters.
Adultery, abandonment, and other forms of "fault" used to be important in divorce. Today, however, no-fault divorce is the norm, meaning couples do not need to give the court a reason for their divorce.
- Litigation is the only approach.
No matter what you may have seen on television or read in the tabloids, litigation is not the only way to resolve a contested divorce. In fact, we focus on reaching a settlement through negotiations because it allows you to have the final say in your divorce—not a judge who doesn't know you.
Understanding Temporary Orders During a Contested Divorce
If you want to know more about the divorce process in New York, consider visiting our general divorce page, where we cover the different steps involved in a divorce.
On that page, we mention temporary orders. It's a topic that's worth understanding if you're currently embroiled in a contested divorce or will be in the near future.
Courts can issue temporary orders to dictate how spouses handle various issues while their divorce is ongoing. To issue a temporary order, the court holds a hearing. At the hearing, each party can present evidence supporting their case or against their soon-to-be-ex. After hearing from both parties, the court will determine how they should handle divorce-related issues while they work towards the dissolution of their marriage.
Common topics for temporary orders include:
- Property division. It's not uncommon for spouses to live apart during the divorce process. Additionally, spouses sometimes try and tamper with, sell, or destroy property out of spite during the divorce, or attempt to hide property to get a more favorable outcome in the property division process. The court may issue a temporary order stating how both parties are allowed to utilize community property (property acquired during the marriage) while the divorce proceeds.
- Child custody and support. If you share a child with your spouse, understanding how to support them while the divorce goes forward is probably a primary concern of yours. The court can implement temporary custody and support arrangements to ensure your child can thrive throughout the divorce.
- Spousal support. If one party isn't financially stable, they may need spousal support throughout the divorce. A temporary alimony order can determine whether one spouse needs to supply the other with support until they can finalize the dissolution of their marriage.
At Levi Divorce & Family Law Attorneys, we're here to help you find the best path forward in your divorce and work towards an outcome that supports your needs. Our New York contested divorce attorneys will fight tirelessly for your rights in and out of court.
Ready to take the next step? Call our Queens contested divorce attorneys now at (718) 215-0121.