Rochester Contested Divorce Lawyer
New York attorney navigates complex litigation and court procedures
A contested divorce is one in which the parties disagree on material terms, so that the case cannot be resolved by mutual agreement. Such a divorce may require a formal litigation track and potentially a trial. At the Law Office of Maurice Verrillo, P.C., our Rochester contested divorce lawyer will guide you through each stage of the process to assure that your rights and interests are protected.
Key issues that lead to a contested divorce in Rochester
In the past, grounds for divorce were often contested, but this is rarely the case since New York began permitting no-fault divorce in 2010. The vast majority of divorces now are brought on the ground that the marriage has been irretrievably broken for at least six months. However, there can be many other disputes that make a divorce contested. Common ones concern equitable distribution of marital property, awards of spousal maintenance and issues relating to children, such as conflicts over parenting time and who will have decision-making authority for healthcare, education and other matters.
The contested divorce process in New York courts
Steps in a contested divorce in New York State Supreme Court can include:
- Divorce filing and serving of summons
- Responding spouse files answer
- Court-mandated preliminary conference with parties
- Discovery, where financial records and evidence are exchanged
- Mediation, which the court may order as an attempt to resolve issues
- Settlement or trial if disputes remain
A contested divorce can become uncontested if issues are resolved at any time, such as through mediation. You can rely on our Rochester divorce lawyer to seek a resolution without need of trial.
Child custody disputes and best interests of the child
Neither parent is favored in granting child custody. A court makes decisions based on what it deems to be in the child’s best interests. Judges consider numerous factors, including:
- Parenting skills
- Parents’ mental and physical health
- Parent’s work schedules
- Parents ability to cooperate with each other
- A parent’s willingness to encourage a relationship between the child and other parent
- The child’s relationship with other family members
- Any domestic violence in the family
We will build a case for custody in your behalf in line with preserving a strong and beneficial relationship between you and your children.
Division of marital property and financial assets
New York uses the rule of equitable distribution, which means dividing property fairly but not necessarily equally. Only marital property is divided. Separate property, consisting of assets owned before marriage or inherited or gifted to one spouse, is not subject to division. Judges follow statutory criteria, which include weighing each spouse’s contributions to the marriage, both economic and otherwise. Numerous disagreements can arise during the division process. We will stand up forcefully to protect your financial interests and to help you get the most beneficial outcome.
Spousal maintenance and financial obligations during divorce
New York courts make awards of maintenance (formerly known as alimony) based on the income of each spouse, the length of the marriage and numerous other factors. There are different types of maintenance, which include:
- Temporary (pendente lite), providing support until the divorce is final
- Durational, which is awarded for a fixed time period
- Non-durational, which can last for the recipient’s lifetime unless terminated
Our attorney has in-depth experience in how judges decide maintenance and can protect your rights whether you are the payer or the recipient.
Contact a dedicated New York contested divorce attorney for help
At the Law Office of Maurice Verrillo, P.C. in Rochester, we deliver effective legal services to spouses engaged in contested divorces in Monroe County and neighboring counties of New York. To arrange a consultation, call 585-563-1134 or contact us online.
