Frequently contested matters in divorce

Divorce is a very complex and emotional process. It is often difficult for a couple that isn’t on such great terms to resolve matters and come to an agreement so the divorce can proceed. When matters are unresolved, they are considered “contested.” A judge may have to decide on contested matters for the couple in court. In some cases, the judge may send the couple to a means of alternative dispute resolution to try and resolve the matter but if they can not, it will be decided in court.

Some matters that are frequently contested include:

  • Property distribution- dividing up marital property can be very difficult for many couples. The idea that one may lose what they have worked so hard for can be overwhelming, in addition to the concept that they may have emotional ties to the property.
  • Child support- There are often instances where a parent feels as though since they don’t have custody of their child, they shouldn’t have to pay child support. New York State will likely require that the parent supports the child anyway, and if they fail to do so, they will face serious consequences.
  • Child custody- Determining child custody is often the most emotional part of a divorce. The idea that parents may no longer see their child as much as they once did can be devastating and often leads to a painful court battle.
  • Spousal maintenance- The spouse who is ordered to pay spousal maintenance to the other party may feel as though they should not have to pay support to the other spouse and it can quickly become contested.

If you need legal assistance with your divorce, contact us today.

If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.