Feb 3, 2015

Posted by Shanell Calloway in Uncategorized | Comments Off on What happens when a divorce is contested?

What happens when a divorce is contested?

What happens when a divorce is contested?

In the event one or the other partner in a divorce action does not agree with one or more of the terms demanded by the other, the result is a contested divorce. As any divorce is contentious at the best of times there are many areas where a couple cannot agree, however, the most common areas of disagreement lie with custody of the children, the division of assets and debt and child support. When a divorce agreement cannot be reached the divorce attorney in Nassau County NY is faced with a potentially long and acrimonious legal process that has every chance of ending up in court where a final ruling will be rendered by a judge.

Even when divorcing couples are on decent terms with one another the process is extremely difficult, the process is full of emotional issues that cause extreme stress; there are also real issues such as the division of assets that were acquired during the course of the marriage. There are many times when it is virtually impossible for the parties to agree on the disposition of certain assets. A contested divorce is one whereby one party to the marriage files the petition, the petition is received by the party named in the action and the terms demanded by the party asking for the divorce are not to the liking of the named partner. In cases like this the partner who has received demands which he or she simply will not agree with can have his or her divorce attorney in Nassau County NY request a hearing in court where the demands can be contested.

In many cases the first step in resolving the issue is to set a preliminary hearing. During the hearing the judge or in many cases, a mediator, sets certain parameters concerning assets, children and their custody, alimony, etc. During the actual divorce proceedings which can be lengthy when the divorce is contested, the preliminary rulings that have been made carry the force of law but this does not mean that these early rulings cannot be set aside and changed when the time comes for the final settlement. The objective of the preliminary hearing is to provide short term solutions which allow the couple and the children to survive as separate entities during what might be a lengthy legal process.

At the conclusion of the preliminary hearing the divorce attorneys that represent the parties in the action attempt to gather information and evidence that can be offered to the court in an effort to reach a final decision. The information often includes bank account details, credit history, any properties owned and work history.

A divorce attorney in Nassau County NY is a very important element in a contested divorce. If you find yourself in this situation you are invited to contact Ketover & Associates, LLC; Attorneys at Law.

 

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