While many couples facing the end of a marriage are able to resolve matters amicably, the reality for others is that conflict is unavoidable. A contested divorce in Saratoga Springs does not mean that things have to devolve into bitter disputes. However, a case is considered contested if the parties cannot reach an agreement on the important issues.
In this scenario, the two parties will have a chance to make their case in front of the judge regarding issues like property division and child custody. The stakes are often high, making it vital that you seek out the guidance of a skilled divorce attorney right away.
Certain issues between spouses must be resolved before a divorce decree can be entered. When the parties are able to reach a mutual agreement on all of these issues, it is known as an uncontested divorce. When there is a dispute over even one of them, it becomes a contested divorce.
These issues are generally based on either the ownership of marital property or the custody of a minor child. For example, the division of property is frequently a point of contention. In some cases, the parties may not be able to agree on which assets are jointly owned, much less how to divide them. Questions regarding spousal support are also frequently contentious.
In some divorces, the biggest disputes involve the custody of minor children. Even when financial issues can be resolved, two spouses might be forced to litigate this issue if they cannot agree on a parenting schedule. Disputes are especially common when one parent seeks sole custody or attempts to block the other from having visitation.
Not every contested divorce in Saratoga Springs begins with disputes over property. There are times when the two parties are initially on the same page and agree to work out these issues without the need for litigation. The reality is that this outcome is not always possible. As the process plays out, one or both parties may realize that they will not be able to come to terms on at least one major issue.
Under the law, there must be a formal reason for the Court to grant a divorce decree. These are known as grounds. The grounds for a contested divorce are spelled out in New York Domestic Relations Law § 170. They include a variety of acts like adultery, confinement in prison, and abandonment. For the vast majority of cases, the filing spouse will opt to end the marriage because it has irretrievably broken down for at least the past six (6) months.
Another requirement before a couple can formally end their marriage relates to residency in New York. One of the spouses must have lived in the state continuously for one (1) year before the Courts have jurisdiction to begin divorce proceedings. Navigating these requirements can be difficult without help. The good news is that an experienced Saratoga Springs attorney could ensure that the parties are prepared for a contested divorce.
If you believe that your marriage is coming to an end, it may not be possible to resolve things amicably. However, the process does not have to devolve into a bitter dispute even when litigation becomes necessary. To learn more about contested divorce in Saratoga Springs, contact us for a complimentary consultation today.
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