Contested Divorce in New York

Dec 28
08:35

2010

Micko Stojanovic

Micko Stojanovic

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A contested divorce in New York can be very complicated. Once a marriage between two people is finalized a large amount of their assets belong to some...

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A contested divorce in New York can be very complicated. Once a marriage between two people is finalized a large amount of their assets belong to some extent to both spouses,Contested Divorce in New York Articles that have to be split as deemed appropriate by the courts. As evidenced by the name, a contested divorce in New Yorkis a divorce that cannot come to a settlement that is agreeable to both spouses. It is then that the divorce courts steps in and works to divide the assets while trying to deal fairly with both spouses. In the New York judicial system divorce settlements are decided equitably. That is not to say that everything is divided in half, but actually means that all of the joint assets broken up according to the time and effort invested in the asset by each party. This is a complex procedure, and each person’s case must be argued as convincingly as possible by their respective divorce lawyers. It is for this reason that skilled divorce lawyers are highly valued, as fortunes have been won and lost in the divorce courts. In a situation where a contested divorce in New York is brought before the courts, the first item is to determine which assets belong to which party. Each of the spouses’ individual assets must be deemed to be either personal or marital assets, and it falls to both lawyers to prove to the court how every asset should be regarded.To get right divorce you should consult the New York divorce lawyers.Contested divorce in New York is not straightforward, as any types of assets can be proclaimed to be martial assets. It is common for one spouse to request a share of a pension that will be paid to their former partner many years in the future. When the martial assets are identified however, the courts must then choose how to split them. If it happens that a specific asset was owned by one party before the marriage that then became more lucrative, the other member of the marriage may request a part of the additional value. They may argue that the increase in value was as a result of  their  input and it falls to the courts to rule on how much this contribution is worth. In general the couple’s home is divided evenly in a contested divorce, but this is affected by on if this will be detrimental to any children of the relationship.

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