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Finding A Path Forward When Your Divorce Is Being Contested

Finalizing a divorce can be challenging even in the most amicable situations. If you and your soon-to-be-ex cannot reach an agreement on the terms of your divorce, this conflict can drastically increase the stress and expense required to sever your marriage bond. When emotions escalate and prevent you from moving on, an experienced family law attorney can help you find a path forward.

At Smith and Messina, LLP, the legal professionals on our team have the years of experience in family law, impressive records of success and compassionate dedication that you seek for your difficult divorce issue. Our family law attorneys will work with you to secure fair terms for agreements involving child custody, alimony, financial orders of support, property division or other contested divorce terms.

Providing Trusted Counsel Throughout The Process

No divorce has ever been considered painless, and divorces are certainly not easy, even in the rare circumstance of both parties agreeing on every aspect. When there are lingering disputes, or if one spouse does not want to separate, it is called a contested divorce and requires a judge’s decision to finalize. Considered far more stressful – and costly – than an uncontested divorce, a contested divorce can prove trying to just about anyone.

If you don’t want to deal with the stacks of paperwork – or can’t stand the idea of any more arguments with your spouse – hiring an accomplished divorce attorney may be the right decision. This is where our team comes in. Since 2004, we have successfully represented countless individuals and families throughout western New York.

Essential Tips To Surviving A Contested Divorce

  • Stay calm. Always remain composed and professional when appearing in court and assessing the situation. No matter how hostile the other party gets, keep your cool.
  • Keep organized. Divorce involves a lot of paperwork and a lot of records. Make sure you stay organized by keeping detailed records of everything and that you can access it easily.
  • Hire a skilled divorce attorney. A skilled divorce lawyer can effectively advocate for you and obtain a favorable outcome that is in your best interests. He or she can also serve as a buffer so you do not have to directly deal with the other party.
  • Don’t forget about the children. Remember that divorce can be traumatic to children. Don’t speak ill of the other party or try to damage relationships. Focus on helping your children understand the situation and give them as much support as you can.

Reasons A Spouse May Contest A Divorce

Before you even worry about seeking a judge’s decision in a contested divorce, it is important to try to reach a private agreement between the two of you. This can save you both countless hours of frustration and potential embarrassment.

If the two of you can’t reach an agreement on one or more aspects of the divorce, a request for a court date must be filed. Additionally, a settlement process may need to take place before the established court date.

Division Of Property Or Estate

If you and your spouse can’t decide ownership of pieces of property, accumulated wealth, or even total debt, the divorce is considered contested. This is common in high asset divorces.

Custody Of Children

If you and your spouse have a child together and both want to be custodial parents, there is little chance for the divorce to finalize without a judge’s official ruling.

Payment Of Support

Child support and spousal support are often complicated and grounds for contesting the details of a divorce.

Let Us Help You Resolve Your Contentious Legal Concerns

No matter your reasons for entering a contested divorce, you shouldn’t go in alone or unprepared. With no obligation or cost to you, you can start on the right track to win your case by contacting us at Smith and Messina, LLP, today. You can also reach our office at 716-648-1400.