Justia Lawyer Rating
10 Best Badge
Avvo Rating badge
Superb
Avvo Client's Choice 2014
Avvo top Contributor badge
LC
ASLA
NYSBA
American Bar Association
Lawyers.com
NYWBA
NYCLA
NY State Council on Divorce Mediation
fdmc
Nre York City Bar
WBASNY
Top Women Attorneys
Super Lawyers

Contested Divorce Without Children

Accomplished Family Attorney Serving New York City and Beyond

Silhouette of man and womanNo one enters a marriage believing that it will end in divorce. When unexpected circumstances result in a breakdown of the relationship, however, it may be difficult for the spouses to settle their subsequent separation and divorce amicably. It may be in the best interest of each spouse to retain separate legal representation, particularly in a contested divorce. New York City divorce lawyer Ingrid Gherman has experience handling a range of family, matrimonial, and divorce cases, extending from complex divorce litigation to non-adversarial mediation. Ms. Gherman recognizes that the circumstances of each divorce are unique and provides a personalized approach to each of her clients, including those pursuing a contested divorce without children.

Navigating a Contested Divorce in New York

When a marriage must end for a couple without children, the most fortunate situation is one in which neither spouse opposes the divorce, and they can agree to a fair settlement of their finances and property. The parties can come to court with a written settlement agreement resolving important financial matters, including the division and distribution of their property, assets, and debt. However, an uncontested divorce may not be possible for some couples.

A contested divorce may occur when there are substantial disagreements regarding fundamental aspects of the divorce that cannot be resolved through mediation, collaborative law, or settlement negotiations. A divorce is contested, for example, if one spouse does not wish to end the marriage, or the spouses disagree as to the legal grounds for the divorce. Even spouses who agree to a no-fault divorce will undergo contested divorce proceedings if they are unable to settle financial issues such as the distribution of marital assets and property. For divorcing couples without children, child support and custody need not be considered in a separation or divorce settlement agreement.

When an amicable resolution cannot be reached outside court, a judge of the Supreme Court of the State of New York will ultimately decide the issues necessary to complete a contested divorce without children. These practical concerns may include distributing the parties’ marital assets, determining the amount of debt for which each spouse is responsible, identifying the separate property of each spouse if it is in dispute, determining whether and how much spousal maintenance should be awarded, deciding whether attorney fees and expenses should be granted to one of the spouses, issuing any protection orders, and handling other financial matters.

Generally, contested divorce cases proceed similarly to other civil actions. Financial discovery is exchanged between the parties, and depositions may be taken before trial. The judge will encourage the parties to negotiate a settlement before the trial, but the outcome of the agreement, if any, is up to the spouses. If the parties proceed with a trial, they will present evidence and may call witnesses to testify and be subjected to cross-examination by opposing counsel. If one or both spouses allege that the other is at fault and file legal grounds for the divorce, the judge will hear evidence and make a determination. Since contested divorce proceedings tend to be emotionally and financially draining, extending over months or even years, a matrimonial attorney may recommend exhausting other attempts to settle the case before continuing in court.

Contact an Experienced Divorce Lawyer in New York City

Hiring legal counsel to represent you in a contested divorce without children may help achieve your objectives. Litigation attorney Ingrid Gherman practices family, matrimonial, and divorce law in New York State. She provides compassionate legal guidance as well as aggressive advocacy in support of her clients. Ms. Gherman can represent residents of Manhattan, the Bronx, Brooklyn, Queens, and Staten Island, as well as people in Westchester, Rockland, Orange, Nassau, and Suffolk Counties. Schedule a free consultation with a New York City attorney by completing our online form or calling us at (212) 941-0767.

Client Reviews
★★★★★
"Just a quick note to thank you for all your legal advice during my separation and divorce. I’ve received all the QDRO info from TIAA CREF so it’s finally officially over! Your positive attitude really helped me to persevere through the legal quagmire of court in Brooklyn." G.G., Former Client
★★★★★
"I never imagined the success you’ve shown me in my current case, Ingrid! I’m shocked at the results you’ve shown me that is possible." D.M., Client
★★★★★
"I don't know how I could have gotten through my divorce without Ingrid. Her knowledge, concern, professionalism and diligence gave me peace of mind during my long, ugly divorce case. Ingrid knew my case inside and out, and she listened to me. She was always there for me -- at ridiculous moments and at important moments. Her caring and deliberate work helped renew my faith in the legal profession." R.W., Former Client
★★★★★
"I feel extremely fortunate to have been Ingrid's client. She helped me immensely and in a way both supportive and professionally competent. Ingrid is a formidable, talented and effective advocate. She was always well-prepared, caring and compassionate; and her strategy and thoughtfulness clearly demonstrated Ingrid's knowledge and expertise in family law. I am very grateful for your excellent work!" J.B., Former Client
★★★★★
"Having Ingrid Gherman as my divorce attorney has been a blessing in my life during these very difficult and troubling times. Ingrid treated me with respect, showing endless care and compassion. Ingrid has been very professional and thorough. She has aggressively protected my children's best interest with heartfelt sensitivity and care." M.S., Former Client