If you are considering a contested divorce, you must consider your chances of winning. Many times, the outcome of a divorce is a complex issue, and neither party is happy with the outcome. But, there are ways to win a contested divorce and minimize the damage to your relationship with your ex. This article will cover three important strategies to help you win a contested divorce. Read on to learn more about each strategy.
Before you get into a contested divorce case, you should understand the process of how contested divorces work. Unlike uncontested divorces, contested divorces are prolonged, involving a lot of legal fees, and stress. If you are one of the spouses who is unreasonable, this step is of no use. However, if you are the one who wants to protect your rights and your financial future, you should prepare yourself for a contested divorce case.
The first step in winning a contested divorce is to prepare a solid defense. Usually, both spouses have their own reasons for filing for divorce, and their accounts are often polar opposites. Nevertheless, if you’re the one who is the aggressor in a divorce case, you can prepare a solid defense. The process of gathering evidence will involve considerable work before the trial.
The next step is to identify disagreements. Perhaps the spouses don’t agree about the parenting time or the spousal support. If they are unable to resolve these issues prior to filing for divorce, you may want to discuss them. If you and your spouse can’t agree, you may try obtaining temporary provision from the judge before going to trial. When this fails, your lawyer can ask the judge to make temporary provisions for the spouses.
Regardless of the contested divorce method you use, you can prepare a strong case by protecting your credit reports and other financial records. The best way to do this is to obtain copies of all relevant documents, including joint bank statements and credit reports. Make a list of jobs held during the marriage and degree earned. Keep copies of these documents in a safe place where you can easily access them. You can also hire a professional to take care of this for you.
In a contested divorce, a spouse can file a counterclaim before the court rules. This will give them limited time to prepare and file a counterclaim. They can also file a notice of appearance, a demand for complaint, or a verified answer or counterclaim. This is not an easy task, but it is the best option if your spouse is unwilling to agree to an uncontested divorce.
A contested divorce in New York will be decided by the Supreme Court, which will decide on practical issues, such as dividing the marital assets, determining responsibilities and identifying separate property. Other issues may include spousal maintenance, attorney fees, and the issuance of protection orders. You may even end up with a no-fault divorce if you can prove the other spouse was at fault.
In a contested divorce, the spouses disagree on all the issues. In a non-contested divorce, both parties agree on all issues, including how the property will be divided. It may not require mediation or negotiation, and it may not require a divorce lawyer. The state laws vary a bit for this, but these rules can help you to win an uncontested divorce. It also tends to preserve the relationship between the spouses.