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When a couple decides to legally separate in New York, there are two typical paths that they follow: (1) they can reach an agreement which is reduced to a written settlement agreement (known as an uncontested divorce); or (2) if they do not agree, their case will require Court intervention (known as a contested divorce). In this instance, a Judge will be assigned to oversee the matter and to eventually preside over the Trial. A contested divorce matter can involve determining issues of child custody, child support, spousal maintenance, the classification and division of marital assets and debt, and counsel and expert fees.
What if I Need Immediate Relief in New York?
In New York, an application can be brought before a Judge where one spouse seeks a Temporary (“Pendente Lite”) Order for things such as, exclusive use and occupancy of the marital residence, child custody, parenting time, child support, spousal maintenance, and/or counsel or expert fees. While this Order will provide only temporary relief, it may remain in effect until your divorce is resolved. These applications can be critically important to you, your children, and your financial circumstances, and the attorneys at Copps DiPaola Silverman, PLLC view them that way.
What Role Do I Play in My Divorce?
Our clients are an essential member of the legal team. We counsel and coach our clients through every step of their contested divorce. Knowledge of the law and the process is a powerful tool for our clients to have, and we believe that it is important for our clients to be as informed as possible. During your divorce, you will be required to provide substantial financial documents, complete a detailed Statement of Net Worth, and provide valuable information and insight to your attorneys that they will use to achieve your goals.
What If My Spouse and I Cannot Reach an Agreement?
If the parties are unable to reach an agreement, a Trial will be required. During the Trial, you will have the opportunity to present evidence and testimony in support of your position and after the Trial is concluded, the Judge will issue a decision. Trials are complicated and require extensive preparation. If your contested divorce requires a Trial, it is essential that you have a team of experienced trial lawyers in your corner.
How Can Copps DiPaola Silverman, PLLC Help?
Through our team approach, we litigate contested divorce matters throughout the Capital District of New York on a routine basis. Our team of experienced trial lawyers are well versed in the Domestic Relations Law governing divorces in New York and the rules which govern the admissibility of evidence at a Trial.
Copps DiPaola Silverman, PLLC practices primarily in the following counties:
• Albany County
• Columbia County
• Fulton County
• Greene County
• Montgomery County
• Rensselaer County
• Saratoga County
• Schenectady County
• Schoharie County
If you have questions about a Contested Divorce or would like to set up a consultation appointment, please contact office@theCDSLawFirm.com or (518) 436-4170.