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Contested Divorce
New York Contested Divorce Service
Contested Divorce Services in New York – Strategic, Supportive, and Strong Representation
Divorce can be complex—especially when you and your spouse disagree on critical issues like property division, child custody, spousal support, or other legal concerns. At Shim Law Group, we understand that contested divorces require a firm yet thoughtful approach to protect your rights and reach a fair resolution.
Whether your case involves high-conflict disputes or simply unresolved differences, our skilled legal team is here to guide you every step of the way. We take the time to understand your unique situation and develop a tailored strategy that puts your best interests—and those of your family—first. Our goal is to reduce unnecessary delays, minimize emotional strain, and achieve the most favorable outcome possible.
With Shim Law Group by your side, you’ll have experienced advocates in your corner who are prepared to negotiate effectively or litigate aggressively when needed. We handle the legal complexities, so you can focus on making informed decisions and moving forward with strength and stability.
Understanding Contested Divorce in New York
Guiding Clients Through Complex Divorce Litigation with Confidence.
If your divorce involves unresolved issues such as custody, support, or asset division, Shim Law Group is here to advocate for your rights. With deep experience navigating the New York court system, we ensure you’re prepared, protected, and positioned for the best possible outcome. Schedule a consultation today to discuss your case.
Filing and Response
A contested divorce begins when one spouse files and serves a Summons with Notice or a Summons and Complaint. The other spouse must respond within 20 days (if served in New York) or 30 days (if served outside the state). However, the case only becomes formally contested when a Request for Judicial Intervention (RJI) is filed—bringing the matter before a judge and initiating court oversight of the dispute.
Preliminary Conference
Within 4 to 8 weeks of filing the RJI, the court schedules a Preliminary Conference. Both parties are required to submit a Net Worth Statement, detailing income, assets, debts, and expenses. During this conference, the judge outlines the discovery timeline, identifies key issues (like custody, maintenance, and property division), and may issue temporary orders to address urgent concerns. Early settlement discussions may also begin during this phase to try narrowing down the disputes.
Discovery and Compliance Conference
Once the discovery timeline is set, both parties must exchange financial and personal documents, such as bank statements, tax returns, pay stubs, retirement account details, and property appraisals. Following this exchange, a Compliance Conference is held to ensure all required documents have been provided. If there are missing items, the court may impose additional deadlines or sanctions to ensure full disclosure.
Pretrial Conference
As the case moves toward trial, the court will schedule a Pretrial Conference. By this time, all document exchanges and depositions should be completed. Both parties must submit updated Net Worth Statements, proposed Statements of Disposition, and sometimes a complete Trial Notebook with supporting evidence. If no resolution is reached, the judge will set trial dates and estimate the length of the trial based on the complexity of the case.
Going to Trial
A contested divorce trial in New York typically spans 3 to 8 court dates, depending on whether the dispute involves financial matters, child custody, or both. During the trial, each party presents witness testimony, financial evidence, expert evaluations (if necessary), and legal arguments on issues like custody, equitable distribution, and support. After hearing the evidence, the judge will issue a final decision, which will be reflected in the Judgment of Divorce.
Shim Law Group brings decades of combined experience in family law litigation. We meticulously prepare for each phase of your case, negotiating strategically when possible and offering compassionate counsel through difficult proceedings. If your case proceeds to trial, we provide strong courtroom advocacy to ensure your interests are fully protected.
How to Qualify for an Contested Divorce in New York
In a contested divorce, spouses disagree on one or more key issues, such as asset division, spousal support, child custody, or visitation. Here’s how the process works:
Disagreements on Key Issues
If you and your spouse cannot reach an agreement on major issues like property division, child custody, or support, your divorce will be contested. The court will resolve these matters through litigation.
Residency Requirement
To file for divorce in New York, at least one spouse must have lived continuously in the state for a minimum of one year prior to filing.
Grounds for Divorce
In a contested divorce, you can cite various grounds, such as adultery, cruelty, or abandonment. However, New York also recognizes "irretrievable breakdown" of the marriage as a no-fault ground, meaning you don’t need to prove fault to proceed with the divorce.
Full Financial Disclosure
Even in a contested divorce, both parties must provide a comprehensive financial disclosure, including income, expenses, assets, and debts. Failure to disclose financial information can lead to complications or delays in the proceedings.
How Long Does an Uncontested Divorce Take?
What is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more key issues and require court intervention to reach a resolution.
How Long Does a Contested Divorce Take in New York?
Anywhere from 6 months to 2+ years, depending on complexity, court scheduling, and whether a trial is necessary.
What Makes a Divorce Contested?
Filing a Request for Judicial Intervention (RJI) and having disputed issues such as custody or finances brings the case before a judge.
What Documents Are Required for a Contested Divorce?
Mandatory disclosures include tax returns, income statements, bank records, retirement accounts, and net worth statements.
How Can Shim Law Group Help With My Contested Divorce?
We manage every stage—from filing and discovery through trial—providing strategic advice, strong negotiation, and effective courtroom representation.
