What is a Contested Divorce?

A contested divorce is a lawsuit in the New York Supreme Court for divorcing couples who have not come to an agreement on all of the outstanding issues of the marriage. These issues typically fall into two categories: children and finances.

How is custody addressed in a contested divorce?

If the divorcing parents cannot agree on legal and/or physical custody of the child or children, the Court will make a determination at a trial on what custody should be based upon the best interest of the child.

Will my child’s wishes be considered by the Court?

The Court will likely appoint an Attorney for the Child to represent their position to the Court and advocate for them in the custody proceeding. In some cases, the Court will conduct a Lincoln hearing where the child speaks privately to the Judge, with their attorney present. It is not guaranteed that the Court will conduct a Lincoln hearing and it is important to plan for this with your attorney. A child’s wishes are not dispositive, and other facts and circumstances may bear more weight on determining the outcome of a custody trial. 

What is the financial category of a contested divorce?

It is required that spousal maintenance, child support, equitable distribution of assets and debts, counsel fees and expert fees be addressed and resolved prior to the Court entering a Judgment of Divorce. If the parties cannot come to an agreement on these issues, the Court will hold a trial on one or more of the issues.

How long does a contested divorce take?

The length of the process depends on the level of conflict between the parties and the congestion of the Court. The Court has standards and goals to complete a divorce proceeding within twelve (12) months of a party requesting that a Judge be assigned to the divorce. This request is also referred to as the filing of a Request for Judicial Intervention form, or RJI.