New York City Divorce Litigation Lawyers
Effective Representation for Clients Facing Contested Divorce
In some situations, divorcing couples are unable to resolve matters through negotiation. Indeed, in some cases, negotiation may not be appropriate from the very start, when there is a deep and abiding disagreement between spouses. Such matters must be litigated, meaning they must be taken before the appropriate court of law, where a judge can make decisions.
Common Reasons for Divorce Litigation
Divorce litigation in New York, as in many other states, can occur for a variety of reasons. While many couples pursue an amicable and uncontested divorce, there are situations in which litigation becomes necessary due to the complexities of the case or disputes between the parties.
Common reasons for divorce litigation in New York include:
- Disagreements over property division: One of the most contentious issues in divorce cases is the division of marital assets, including real estate, financial assets, and personal property. If spouses cannot agree on how to divide these assets, the court may need to intervene.
- Child custody and visitation disputes: Custody and visitation arrangements are often a source of conflict. When parents can't agree on who should have primary custody or the visitation schedule, they may turn to the court to make a decision in the best interests of the child.
- Spousal support and child support disputes: Calculating and determining the appropriate amount of spousal support and child support can be complex. Disputes over these issues can lead to litigation, especially when one party believes the proposed support payments are unfair.
- Allegations of fault or misconduct: New York is a mixed fault/no-fault divorce state. In some cases, one party may allege fault grounds for divorce, such as adultery, cruelty, or abandonment. These allegations can lead to litigation if the accused party disputes the claims.
- Complicated financial situations: High net worth divorces or cases involving complex financial structures, such as businesses, investments, or offshore accounts, can lead to litigation when the parties disagree on the valuation of assets or how to divide them.
- Domestic violence or restraining orders: When one spouse is a victim of domestic violence or feels unsafe, they may seek protective orders, restraining orders, or other legal remedies through the court system.
- Lack of cooperation or communication: Sometimes, couples cannot agree on basic terms of the divorce settlement, and their inability to communicate effectively necessitates litigation to resolve even minor issues.
- Disputes over prenuptial or postnuptial agreements: If a couple has a prenuptial or postnuptial agreement in place, disputes over the validity or enforceability of these agreements can lead to divorce litigation.
- Legal complexities: Some divorce cases involve complex legal issues, such as jurisdictional disputes, international aspects, or unique circumstances that require court intervention.
- Emotional or personal factors: Emotional factors, such as lingering resentment or the desire for revenge, can lead to divorce litigation. Parties may use the legal system as a means to exact a perceived form of justice.
In New York, as in many other states, divorce litigation can be a time-consuming, emotionally draining, and costly process. It's generally recommended that couples attempt to resolve their differences through mediation or negotiation before pursuing litigation. However, in cases where an amicable resolution is not possible, the court system is available to help adjudicate the issues and provide a final divorce decree.
We are one of the only Manhattan divorce law firms offering all three options for divorce: litigation/negotiation, collaborative law, and mediation - providing custom strategies and solutions for our clients.
All families and marriages are unique - our attorneys take the time to listen to our clients to fully understand the circumstances of their case. Only then do we advise the best legal option for their goals.
Divorce is a time of transition. We understand the emotional and financial stress that clients experience during the divorce process – from day one our team ensures that we provide our clients with prompt feedback so that they are updated on their case every step of the way.
Our attorneys provide frequent expert legal commentary for national media outlets and have been quoted in numerous publications including Fox's Business, NBC News, ABC News, CBS News and many more.
Skillful, Experienced, and Effective Divorce Litigation Attorneys
In litigation, the skill, experience, and effectiveness of the attorneys are of paramount importance. The attorneys representing you should possess the ability to clearly educate clients on the strengths and weaknesses of their case, and how the legal process will play out. They should have a thorough knowledge of the law and of procedure and evidence. They should have facility with numbers and the ability to unravel complex financial issues. And they should be able to present your case authoritatively and convincingly to the court. The attorneys at Berkman Bottger Newman & Schein LLP possess all these skills and are experienced, effective advocates. Our many years of practice in this field, and the individual talents of our attorneys, have brought our firm and team of attorneys the respect of both the judiciary and professional peers. Call (212) 466-6015 or fill out our contact form today. Proudly serving Manhattan, Westchester, and Bergen County, New Jersey.