A Contested Divorce is where either party does not want a divorce, there is no agreement regarding child custody, child visitation,or child support and there is no Family Court order resolving any of these issues, there is property involved that needs to be divided, such as house, cash accounts, retirement accounts, etc. and either spouse is requesting maintenance (alimony). A Contested Divorce usually requires hiring an experienced attorney to help resolve all these issues, requires court appearances and takes longer than an Uncontested Divorce.

Although child custody, child visitation,or child support are issues that usually require resolution in a Contested Divorce, most of the time it is property division and maintenance that are the most contentious. Property division or "equitable distribution" is an extensive and challenging aspect of Contested Divorce. New York is not a community property state so there is no automatic 50/50 split of marital assets. Property is divided based on several factors, including the length of the marriage, the economic position of each of the parties after the divorce, etc.

Property Division in a Contested Divorce:

The first step is to classify the assets, distinguishing separate property from marital property. Separate property is property acquired before the marriage or property acquired by gift, inheritance or as a result of a personal injury action. Marital property consists of all other property acquired during the marriage, including the parties' earnings. There are instances when separate property may be classified as marital property.

Once classified, the property must be valuated and/or appraised so that it may be split equitably. Most of the time professional experts are hired to determine the value of real property, businesses, retirement accounts and professional degrees/licenses. There are fees associated with hiring professional experts. The property is distributed or divided either by settlement or the court. If the court determines the distribution, they must consider a number of factors before making a decision about how the property should be split or if it should be split.

Maintenance (alimony) is another factor that may require major attention in a Contested Divorce. A party may request financial support from the other, if the economic impact of splitting may put him/her at a disadvantage. Maintenance is usually durational and requires an assessment of several factors, including the standard of living the parties had while married.

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