Contested Divorce

Staten Island, New York, Contested Divorce Lawyer

If reasonable communication is possible between divorcing spouses — even in some contested divorces involving children or significant assets — it is best for both parties to try and reach an agreement without going to court. I encourage negotiation wherever possible and do not believe in unnecessary aggression or inflaming conflict that can complicate your dissolution of marriage.

Unfortunately, emotions run very high among many divorcing spouses, and it can be difficult to reach an agreement on all matters critical to an amicable settlement. If disagreement and anger are intense, you definitely want a strong, experienced divorce attorney on your side in a contested divorce. Contact me to discuss your situation and start working on a practical plan.

Your Goals and Priorities Help Form Our Case Plan

A contested divorce is difficult and stressful for all concerned and can be costly and time-consuming. To avoid unnecessary regrets, you should carefully consider your needs and goals in numerous areas. Together, we can discuss your priorities and form a plan on issues such as:

  • All aspects of child custody and visitation, including where the children will live, when and how the noncustodial parent will see them, and who will make decisions involving their activities and welfare
  • Proper valuation and designation of all significant assets so that we can pursue your best interests in determining what will happen to all property
  • The rights and claims of either spouse to maintenance, alimony, and any special circumstances that should be considered in calculations of child support,
  • Any other unique considerations, such as the need to protect yourself from domestic violence or allegations of abuse

Through close consultation, planning and negotiation, I take all possible legal steps to help you achieve your goals in a contested divorce. I keep you informed about steps, options, and fees at all times so that you maintain control over your financial investment. Most importantly, when you contact Benjamin Haber, Attorney at Law, you can depend on straightforward, supportive counsel in every aspect of your contested divorce.

A Strong Advocate in Your Corner

In a contested divorce, the decisions you make will have lifelong implications. You need divorce attorneys who will vigorously pursue your interests and help ensure that your voice is heard in court.

I will also help you assess whether mediation or collaborative law might provide an alternative to a traditional contested divorce. These processes are generally less adversarial and may allow you to reach agreements more quickly, but they are not suitable for every couple. Divorce settlement agreements reached through mediation or collaborative law are only binding if both spouses sign them; a court cannot impose these agreements. Disagreements that cannot be resolved through negotiation may still require litigation.

Litigation can be hard on everyone involved and, if at all possible, should be avoided. That said, there are times when it is impossible to reach an agreement outside of court, and litigation becomes necessary. If this happens in your case, I am an accomplished courtroom family law attorney with years of litigating experience.

No-Fault Divorce

You do not have to state grounds for divorce in a no-fault divorce. The divorce can be filed based on an “irretrievable breakdown” of the marriage. For many couples, this is the real reason for wanting a divorce. They simply grow apart. Now that New York is a no-fault divorce state, you can file for divorce without stating any other reason for wanting a divorce. The divorce process can be quicker, and you do not have to air your dirty laundry in a court trial.

Even in a no-fault divorce, the following issues must be resolved prior to obtain a divorce decree. Lawyer Benjamin Haber can protect your rights in contested and uncontested divorce issues such as:

Fault Grounds for Divorce Still Remain

The previous grounds for divorce still exist. However, it is likely that the vast majority of people will now seek a no-fault divorce. In addition to the “irretrievable breakdown” of the marriage, the grounds are as follows:

  • Adultery
  • One-year abandonment
  • Three years’ imprisonment
  • Cruel and inhuman treatment
  • Living separate and apart pursuant to a valid decree of separation
  • Living separate and apart pursuant to a valid separation agreement. Mr. Haber will meet with you personally to learn about your no-fault divorce case.

My Firm is the Best for Your Contested Divorce Case

I understand what is at stake for you and will work tirelessly to protect your rights and help you obtain the best possible outcome in your divorce. To discuss your particular situation and needs in a contested divorce, please schedule an appointment for a free initial consultation.

As a professional family lawyer, I offer reasonable rates, and flexible payment plans to make high-quality legal help affordable. My law office is conveniently located in Staten Island, New York, and I represent clients throughout the boroughs of New York City. For more information and questions, don’t hesitate to get in touch with my law firm.

Frequently Asked Questions

The amount of time it takes to get a divorce varies depending on the grounds for divorce and whether the divorce is contested or uncontested. An uncontested no-fault divorce can be finalized in as little as months, while a contested divorce can take up to a year or more. If you have grounds for a fault-based divorce, such as adultery, it may take longer to finalize the divorce.

The average cost of a contested divorce in New York is $17,000. However, the cost can range from $5,000 to $30,000 or more, depending on the complexity of the case and the number of court appearances required. If you have a complex financial situation or if there are custody issues, the costs can be even higher.

The main drawback of contesting a divorce is the time and expense involved. A contested divorce can take months or even years to resolve, and the costs can be significant. In addition, if you contest a divorce, you will have to air your dirty laundry in a family court. This can be difficult for couples with children who want to protect their children from the ugliness of divorce.

If you are considering a divorce, you should speak with experienced divorce lawyers to discuss your options. A lawyer can help you understand the grounds for divorce in New York and advise you on whether contesting the divorce is worth the time and expense.

There are several grounds on which a divorce case may be dismissed, including:

  • Inadequate grounds for divorce
  • Lack of jurisdiction
  • Improper service of process
  • Failure to appear in court
  • Residency requirements not met

If you have been served with divorce papers, you should contact an experienced divorce lawyer to discuss your options and help you protect your interests.

    What Our Happy Clients Say

    Ben was great. I want to thank him for everything that he has done for me. I would highly recommend. Very honest and worked very hard on my case to ensure i got everything that I deserved.

    – Malgorzata Okrasinska

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    Call 718.442.0960 or schedule online meeting.

    Ben Haber