Westchester County Contested Divorce Attorney
For the people who must go through it, a contested divorce is one of the most difficult experiences they will ever endure. In New York, having an experienced Peekskill dissolution attorney at your side throughout a contested divorce is one of the best choices you can make at such a critical time. You must retain the legal advice and services of someone who will advocate passionately on your behalf for the best possible outcome to a contested divorce proceeding. If you are seeking or anticipating a divorce in Westchester, Dutchess, Putnam, Orange, or Rockland County, and you expect that the divorce will be contested, get the legal help you need at once and speak promptly with a Westchester County contested divorce attorney at Kimberly Pelesz New York Law, LLC.
WE FIGHT FOR THE BEST POSSIBLE OUTCOME
When two spouses dissolve their marriage, they have to make choices about children, property, incomes, and the future. In New York, a dissolution is “contested” when the divorcing spouses cannot agree upon:
- Division of property
- Spousal support
- Child custody
- Child support, or
At Kimberly Pelesz New York Law, LLC, our Westchester County contested divorce attorneys take an all-inclusive approach. We make the effort to learn about our clients and their families. We genuinely want to address your concerns, and we answer your questions in a frank, straightforward way. Let an experienced New York divorce attorney help you secure an outcome to your contested dissolution that is fair, equitable, and meets your needs as you move ahead with your life after divorce.
WHAT IS THE DIFFERENCE BETWEEN CONTESTED DIVORCE AND UNCONTESTED DIVORCE?
New York laws allow you to have an uncontested divorce. Your divorce is considered uncontested, if both of you and your spouse are in agreement about your desire for divorce. The two of you must also be in agreement about all of the aspects of the dissolution, including division of assets, finances, and what happens to the custody of your children.
You can file for an uncontested dissolution if you and your spouse have no children below the age of 21, and have agreed that the marriage has been over for at least six months. All of the marital property issues must have been settled between the two of you, without involving the courts.
However, if you do meet the criteria for an uncontested divorce, but do not necessarily agree on the division of assets or debt, then you can choose collaborative dissolution or mediation in order to settle your differences with your spouse, without involving the courts. During the collaborative agreement, the two of you will attempt to settle your differences amicably.
A contested divorce is one in which you and your spouse do not agree about wanting a divorce, do not agree on the grounds for the divorce, or do not agree on all the other aspects related to the divorce, like child custody, and the division of property. For example, if you want to get a divorce based on a spousal cruelty, or adultery, and your spouse is fighting those claims, your case may have to go to court. In fact, uncontested divorces drag on for long, and will involve numerous court appearances, and excessive litigation.
However, a contested dissolution can also be resolved through mediation. Speak to a Westchester County contested divorce lawyer for collaborative dissolution services that allow you to and your spouse to meet together to find a solution to your differences.
DON’T PUT YOUR HEAD IN THE SAND
Under New York’s no-fault divorce laws, your spouse cannot prevent you from seeking or obtaining a divorce. When you tell a court in the state of New York that “the marriage has irretrievably broken down with no chance of reconciliation,” the court presumes that you are telling the truth. When your marriage’s financial and child custody issues are resolved, a dissolution will be granted. There’s nothing your spouse can do to stop you, but in Westchester County and adjacent counties, you’ll still need the help of an experienced Westchester County contested divorce attorney.
Even when a spouse actively contests a divorce, some cases can be fairly easily resolved, and even financial disputes can often be resolved through negotiation. Child custody and visitation present the more emotionally complicated issues that more often require court intervention. If your spouse simply ignores the divorce or does not appear in court, you may be granted a divorce on default. You should know, however, that your spouse can use a few tricks to delay the process, but he or she ultimately cannot stop you from obtaining the divorce you seek.
Divorce is never pleasant. When you are divorcing, you want an attorney who is sensitive to your emotions, apprehensions, and needs, someone who’s handled scores of similar cases in the past, someone who can confidently offer reassurance. Ignoring reality, living in denial, and pretending that your spouse is not seeking a divorce is not a practical strategy. The divorce will happen. Disengaging from the process will not prevent it, and it may even put you at a disadvantage if the court is forced to resolve financial, custody, or visitation matters.
If you are seeking a divorce in Westchester, Dutchess, Putnam, Orange, or Rockland County, and your spouse is uncooperative, or if your spouse is divorcing you against your will and you’d rather not admit it, either way you’re going to need the help of a skilled divorce lawyer. If your divorce is underway or imminent, or if you simply have questions and need advice about your options, speak immediately with an experienced Westchester County contested divorce attorney.
CONTACT US AS SOON AS POSSIBLE
Contact Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation if you are seeking, involved in, or anticipating a contested divorce. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County contested divorce attorney can help you, email us or call us promptly at (914) 402-4541.