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Divorce

Trust Krasner Law, PLLC, to advocate for your rights and protect your interests in contested divorce cases.

Divorce Attorney in New York and New Jersey

Divorce can be one of the most emotionally and financially challenging events in a person’s life. When spouses cannot agree on crucial aspects of their separation, such as property division, child custody, or spousal support, the divorce becomes contested. These disputes can significantly prolong the process and increase its complexity. At Krasner Law, PLLC, our experienced contested divorce attorneys are dedicated to helping clients navigate these challenges with clarity and confidence.

A contested divorce arises when one or both spouses disagree on key issues that must be resolved before the marriage can be legally dissolved. Unlike uncontested divorces, which are resolved amicably, contested divorces often require negotiations, mediation, or court intervention. Common issues in contested divorces include:

  • Division of marital property and debts
  • Determining child custody and visitation arrangements
  • Calculating child support payments
  • Establishing spousal support or alimony

Each of these factors involves a deep understanding of state laws and meticulous planning to protect your interests.

Key Elements of a Contested Divorce

Understanding the Challenges and Process

Post-Divorce Modifications

Life circumstances can change after a divorce is finalized, leading to the need for modifications to agreements such as:

  • Child custody or visitation schedules
  • Child support payments
  • Spousal support arrangements

Understanding the process for seeking modifications ensures your agreements remain relevant and fair over time.

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Litigation in Contested Divorces

If disputes cannot be resolved through negotiation, the case moves to court. Litigation involves:

  • Presenting evidence and arguments before a judge
  • Witness testimonies and professional evaluations
  • A judge making final decisions on unresolved issues

Court proceedings require meticulous preparation and skilled advocacy to ensure your interests are effectively represented.

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The Role of Mediation and Negotiation

While contested divorces often involve significant disagreements, many issues can be resolved outside of court through mediation or negotiation. These methods can save time, reduce costs, and provide more control over the outcome. Key benefits include:

  • Customizing solutions to fit your family’s needs
  • Avoiding the stress and unpredictability of court
  • Preserving a more amicable relationship between parties

However, when mediation fails or is not appropriate, litigation becomes necessary.

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Child Support Obligations

Child support is calculated based on state guidelines, but disagreements can arise regarding:

  • Accurate reporting of income
  • Sharing of educational and extracurricular expenses
  • Changes in financial circumstances

Understanding the nuances of child support calculations ensures the final arrangement is both fair and enforceable.

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Spousal Support (Alimony)

Determining spousal support involves balancing financial needs with fairness. Courts may consider:

  • The length of the marriage
  • Each spouse’s income and earning capacity
  • Contributions made during the marriage (e.g., as a homemaker)
  • Any prenuptial or postnuptial agreements

Whether you’re seeking alimony or disputing a claim, detailed financial analysis is often necessary to reach an appropriate outcome.

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Child Custody and Parenting Time

Child custody disputes can be emotionally charged and require careful consideration of the child’s best interests. Courts assess various factors, including:

  • The child’s relationship with each parent
  • Parental ability to provide a stable environment
  • Educational and healthcare needs
  • Any history of abuse or neglect

Crafting a parenting plan that supports the child’s well-being while protecting your parental rights is crucial in these cases.

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Property Division

In a contested divorce, dividing marital assets and debts is often a primary source of conflict. New York and New Jersey follow equitable distribution laws, which means assets are divided fairly but not necessarily equally. Key considerations include:

  • Identifying marital vs. separate property
  • Valuing complex assets like businesses, investments, or retirement accounts
  • Addressing hidden or undervalued assets

Thorough financial disclosure and professional evaluations are essential to ensure a fair distribution.

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Frequently Asked Questions About Contested Divorce

Get Answers to Your Most Pressing Questions

Understanding your options is key. Here are answers to common questions about contested divorce.

  1. What is the difference between a contested and uncontested divorce?

    A contested divorce involves disagreements over key issues that must be resolved through negotiation, mediation, or court proceedings. An uncontested divorce occurs when both spouses agree on all terms, resulting in a quicker and simpler process.

  2. How long does a contested divorce take?

    The timeline varies depending on the complexity of the issues and whether the case goes to trial. On average, a contested divorce can take several months to over a year to finalize.

  3. How can a contested divorce attorney help me?

    An attorney provides critical support by negotiating settlements, preparing for court, protecting your rights, and ensuring the best possible outcome for your case.

  4. Do I have to go to court for a contested divorce?

    Not necessarily. Many cases are resolved through mediation or negotiation. However, if agreements cannot be reached, court intervention may be required.

  5. What should I bring to my consultation with a contested divorce lawyer?

    Bring any relevant documents, including financial records, property deeds, prenuptial agreements, and a list of your goals for the divorce.

  6. Can I modify agreements after the divorce is finalized?

    Yes, modifications can be made for issues like child custody or spousal support if there is a significant change in circumstances.

  7. How are assets divided in a contested divorce?

    Assets are divided according to equitable distribution laws, which consider factors like the length of the marriage, contributions of each spouse, and future financial needs.

  8. What areas do you serve?

    We serve clients across New York, including Manhattan, Brooklyn, Queens, Staten Island, Bronx, Nassau, Suffolk, Westchester, Rockland, and Orange Counties. In New Jersey, we serve Hudson, Essex, Union, Bergen, Passaic, Morris, Somerset, Middlesex, Mercer, and Monmouth Counties.

  9. How much does a contested divorce cost?

    The cost varies based on the complexity of the case, attorney fees, and court expenses. We provide clear estimates and discuss costs during your consultation.

  10. Can we resolve a contested divorce through mediation?

    Yes, mediation can be a productive way to resolve disputes without going to court. An attorney can guide you through this process while protecting your interests.

What Our Clients Are Saying

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If you are looking for a lawyer who genuinely cares and will stand by your side until your case is resolved, look no further. From start to finish, Leona exceeded every expectation. She is incredibly knowledgeable and professional. She remained unwavering in her pursuit of the best possible outcome for my case. I also cannot say enough about her amazing paralegal team. I wholeheartedly recommend Leona and her team!
Charlene P
5 stars does not quite give the entire picture of just how dedicated Krasner Law is to ensuring their clients best interests! I have worked with this law firm previously and I must say that Leona Krasner and her team are making waves in the Matrimonial and Family Law practice in Greater New York City and the State of New York! You will not find a firm that works harder, pays attention to detail, or that gets better results for their clients! I highly recommend this firm if you’re looking for a solution to your legal problem(s)!
Cannon Kearney
From start to finish, my experience was nothing short of exceptional. Leona is a true professional—she is able to maintain professionalism while making you feel comfortable. Leona is an absolute shark in the best way possible. She is firm and ensured I got everything I wanted and more. Her assertiveness and expertise gave me confidence throughout the process. I’m so grateful for everyone’s help and would undoubtedly recommend Leona’s team!
Natalie
Krasner Law was amazing. They really took the time to hear my story and made sure we took the best approach to support my case. Leona and her team were knowledgeable, professional, but still caring and compassionate. Erica was patient and took the time to help me understand all of the crazy court forms. She made me informed and comfortable at every step. I highly recommend using their services for any family law needs.
Chelsea Fone
I had the pleasure of meeting Leona Krasner and I can’t recommend her highly enough. She is incredibly professional, knowledgeable, and dedicated to helping her clients with all aspects of family law. If you’re looking for someone who truly cares about your needs and will work diligently on your behalf, Leona is an excellent choice. Highly recommend!
Anthony Castro
I highly recommend Krasner Law PLLC for family law matters. I worked with Leona and her team at Krasner Law for over a year and I was inspired by the teams enthusiasm and dedication to their work on a daily basis. Leona is a passionate and determined attorney who is supported by an equally compassionate and conscientious legal team. Erica in particular is highly skilled, attentive and proficient. The team are committed to providing the best service for their clients and I could not recommend them more.
claire mcgovern

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