Not all divorces go smoothly. In fact, contested divorces are quite common, requiring separating spouses to pursue litigation in order to determine the terms of their divorce agreement. These types of divorces can be lengthy, emotional ordeals, requiring the assistance of a highly-trained Dutchess County contested divorce lawyer in order to help spouses improve their chances of securing the results they need. If you are approaching a contested divorce in Dutchess County, our contested divorce attorneys at the Law Office of Dennis R. Vetrano, Jr., LLC can protect your interests in court and advocate for a positive outcome on your behalf.
Going through a contested divorce? Request a free consultation by contacting us online or calling (845) 605-4330 today to get started.
A contested divorce occurs when divorcing spouses are unable to reach a mutually acceptable agreement regarding the terms of their separation. In order to solve this issue, each spouse must retain separate legal representation and their case before a judge. As opposed to an uncontested divorce that can be completed relatively quickly, a contested separation can take months or even years from start to finish, between filing for divorce, responding to the divorce summons, negotiations, and finally the resolution.
Oftentimes, divorces become contested over matters such as:
During this process, each spouse must disclose relevant financial documents, submit a Statement of Net Worth, attend various conferences with a judge, and participate in the trial process. Like any other trial, a contested divorce involves opening statements, the questioning of witnesses, cross-examination, submission of evidence, and final statements. Once both sides have had a chance to present their case, the presiding judge will issue a decision that carries the enforceability of law.
There are several steps involved in a contested divorce. First, divorce papers need to be completed, filed, and served. This involves the delivery of paperwork asking for a divorce and the grounds for dissolution of marriage. In New York, grounds can be either no-fault or in relation to some form of marital misconduct, such as infidelity or abusive behavior.
Following the official submission of paperwork, both divorcing spouses need to hire their own legal representation to advocate on their behalf in court. From here, the “divorce discovery” process begins. In this stage, information is gathered about the circumstances of your divorce from both spouses and a third party. Written questions, subpoenas, and depositions are often part of the discovery period.
The divorce case would proceed to court at this point. A last attempt is made at reaching a settlement, with negotiations between attorneys taking place on behalf of the divorcing spouses. If reaching a settlement proves to be impossible, preparations for a trial begin. During a trial, witnesses are presented by both spouses with cross examinations, and closing arguments are made. Once both sides have had a chance to present their case, the judge will make a final decision that is enforceable by law.
This court-mandated ruling can decide:
These rulings can sometimes be appealed, though they are oftentimes final. For this reason, it is highly advisable that you first negotiate for an out-of-court settlement before moving toward litigation. If an agreement cannot be made, it is imperative that you retain the services of a powerful family lawyer from our firm to represent your interests and improve your chances of reaching a desirable outcome.
Are you in the beginning stages of a divorce? A Dutchess County divorce attorney from the Law Office of Dennis R. Vetrano, Jr., LLC can advocate on your behalf and help you get through your difficult time.
At the Law Office of Dennis R. Vetrano, Jr., LLC, we understand how difficult it can be to cope with a divorce. We are here to help prepare for your case, no matter how complex. Having earned a 2015 Avvo Clients’ Choice Award for our outstanding family law advocacy, our firm can provide the compassionate and results-driven representation you need to guide you step-by-step through this emotional time. From start to finish, our legal professionals are fully invested in the outcome of your case and are willing to make every effort to maximize your chances of reaching a desirable result.
Contact our office online today to tell our Dutchess County contested divorce lawyer about your case in further detail.