There are many different routes to take while considering a divorce. For example, if you and your spouse are splitting on relatively amicable terms, you can opt for a mediated or cooperative divorce. By their easy going and agreeable nature, these divorces are often uncontested. Sometimes, an uncontested divorce can turn ugly if once friendly spouses can no longer come to an agreement on custody, child or spousal support, or a division of assets. In situations such as these, you may need to consider divorce litigation.
Simply put, divorce litigation is when your case will be fought in front of a judge. Both parties, along with their attorneys, will be allowed to argue their side of the matter, present evidence to support their argument, and question the opposing party. Upon completion of the trial, and after summations have been submitted to the court, the judge will make his or her ruling on custody, support and the division of property or assets.
Litigation can be costly, time consuming, and stressful. While consulting with divorce attorneys prior to retaining, make sure the firm boasts a well-rounded staff that includes aggressive litigators, as well as lawyers who specialize in cooperative divorce and mediation. By doing so, you are guaranteeing that you will be property represented regardless of any turns your case may take.
Even though a couple has every intention to partake in an amicable uncontested divorce, the reality is that not every situation ends up being executed as previously desired. Here are some signs that your once friendly divorce would benefit from litigation:
- Your former spouse is suddenly refusing to pay maintenance, even though they fully supported you financially throughout the marriage;
- You believe your ex is not disclosing assets, such as bank or investment accounts;
- The opposing party is demanding that they be given full legal and physical custody of any minor children, when you two had previously agreed on joint custody and a fair visitation schedule;
- Your spouse is refusing to sign a stipulation of settlement, or is uncooperative while trying to do determine a fair and equal settlement.
Of course, these reasons will vary on a case by case basis, and are by no means the only signs that your divorce is headed for the courtroom. The family law firm of Brian D. Perskin & Associates has a wide range of attorneys who are eager to advocate on your behalf. The staff is comprised of bulldog litigators, as well as lawyers who specialize in a courtroom free divorce. Regardless of whether your case is contested, uncontested, or somewhere in between, Brian D. Perskin & Associates is fully capable of providing you with the best representation that the New York City area has to offer. Contact the firm at (212) 355-0887 or (718) 875-7584 today to schedule a complimentary initial consultation.