Suffolk County Contested Divorce Lawyers

More Than Two Decades of Individualized Contested Divorce Representation

When spouses can’t agree on the terms of a divorce, unresolved issues have to be addressed before the court can enter a judgment of divorce. A contested divorce in New York is filed in Supreme Court, not Family Court, and may require multiple appearances while the parties present the information the court needs to address disputed matters. At Montefusco Law Group, we represent clients throughout Suffolk County in contested matrimonial actions, bringing more than two decades of family-law experience and individualized strategies to each case.

A divorce becomes contested when spouses disagree about ending the marriage, the legal grounds, parenting arrangements, finances, property, or any other term that must be resolved before the divorce is final. We tailor our strategy to the issues in dispute, your priorities, and how the case develops.

Understanding the Complexities of Contested Divorce

It’s not uncommon for divorcing spouses to make a sincere attempt to craft a fair settlement agreement, only to find themselves unable to reach terms on one or more important issues.

These issues may involve one or a combination of the following:

• Child custody: Child custody covers two distinct areas: legal custody, which is the right to make decisions about how the children are raised, and physical custody, which determines where the children live. Arrangements can range from one parent holding full legal and physical custody to various shared parenting structures. These decisions are difficult for parents and children alike, and the court looks to the best interests of the child when the parents cannot agree.
• Child support: A non-custodial parent is generally required to provide financial support to the custodial parent. The appropriate amount can be disputed, particularly when parenting arrangements are also contested or when income is complex.
• Spousal maintenance (alimony): In New York, spousal maintenance is intended to help a spouse attain financial independence after divorce. It is often durational, paid for a limited period according to applicable New York guidelines and a range of individual factors, though courts may also award non-durational maintenance in appropriate cases. New York also recognizes pendente lite maintenance, which provides temporary support to a spouse during the pendency of the divorce proceeding.
• Division of assets: New York applies equitable distribution principles to marital property, which means the court divides assets fairly but not necessarily equally. Disputes may involve the family home, vehicles, bank and investment accounts, retirement assets, business interests, debts, or the classification of property as separate or marital.
• Prenuptial agreements: A prenuptial agreement can itself become a contested issue when a spouse challenges its validity or enforceability. Courts may decline to enforce a prenup on grounds such as coercion, lack of disclosure, or other defects in its formation.
• Fault: New York has recognized no-fault divorce since 2010, based on an irretrievable breakdown of the marriage. A spouse may still raise fault-based grounds in appropriate cases, and the court may consider fault in certain determinations.

What to Expect from the Contested Divorce Process

No two contested divorce cases follow the same path. A case may move through pleadings, financial disclosure, temporary relief applications, court conferences, motion practice, negotiation, settlement discussions, and preparation for trial before reaching any final resolution.

Suffolk County Supreme Court has a Matrimonial Mediation Program that may be available to parties with a contested divorce case pending in the county, subject to court screening. Mediation isn’t appropriate for every case, including some matters involving domestic violence, child abuse or neglect, or severe power imbalances. When appropriate, it may provide a path to settlement without trial.

Our approach adapts as each case develops. We pursue negotiated resolutions when that serves our clients’ goals and push forward in court when it doesn’t. Throughout the process, we maintain open communication so you understand your options and what each step involves.

Contact Our Suffolk County Contested Divorce Attorneys Today

Some contested cases settle after litigation begins, while others require the court to resolve disputed issues. We assess the parenting, support, and property questions at stake, explain your options, and prepare for negotiation or court. Contact Montefusco Law Group today to discuss your circumstances during a free consultation.