A contested divorce means you and your spouse disagree on key issues like property, custody, or support. The right attorney can help you protect your interests and work toward a resolution that reflects your priorities.

Skilled Advocacy When You and Your Spouse Cannot Agree

When a marriage ends, and spouses cannot reachan  agreement on property, custody, or support, the divorce becomes contested. In New York, a contested divorce involves court intervention to resolve disputes and can take 12 to 18 months or longer. At The Saul Law Firm, our Garden City divorce attorney Gail B. Saul brings over 25 years of family law experience, a Certified Matrimonial Mediator credential, and the courtroom skill to protect your interests at every stage. We offer confidential consultations to help you understand your options.

Why Choose The Saul Law Firm for Your Contested Divorce?

The Saul Law Firm is a husband-and-wife attorney team that treats every client as a person, never a file number. Our motto, “Our Family Serving Yours,” reflects the personalized attention we bring to every contested divorce case.

  • Gail B. Saul leads the divorce and family law practice as both a Certified Matrimonial Mediator and a skilled trial litigator, giving you the ability to pursue settlement or go to court with equal confidence
  • Recognized as “Outstanding Women in the Law for Family Law” by Hofstra University and selected as a Super Lawyer in Matrimonial & Family Law
  • Over 25 years of combined experience handling complex divorce matters across Nassau County, Suffolk County, Queens, Brooklyn, and Westchester
  • Every client is known by name and receives direct, one-on-one attention from their attorney
  • We have an AV Preeminent Rating with Martindale-Hubbell, their highest peer rating for attorneys 
  • Confidential consultations to help you understand the process and your legal options

Whether your contested divorce involves high-value assets, business interests, or a difficult custody dispute, we provide the focused advocacy your case requires.

What Is a Contested Divorce in New York?

A contested divorce occurs when spouses cannot agree on one or more issues that must be resolved before the marriage can end. An uncontested divorce means both parties have reached an agreement on all terms. When disagreements exist, the court steps in to make decisions.

The most commonly disputed issues include:

Even if you agree on most issues, a single unresolved dispute can make the divorce contested and require court involvement.

What Are the Grounds for a Contested Divorce in New York?

New York recognizes both no-fault and fault-based grounds for divorce. Since 2010, no-fault divorce has been available under Domestic Relations Law §170(7), which requires one spouse to state under oath that the marriage has been irretrievably broken for at least six months. This is the most commonly used ground.

Fault-based grounds remain available and may affect maintenance or property division. These include cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years, adultery, and living apart under a separation agreement or judgment for at least one year.

New York also has residency requirements. At least one spouse must have lived in the state continuously for two years before the divorce case is filed. You can also meet the residency requirement if either you or your spouse has lived in New York continuously for at least one year and:

  • You were married in New York; OR,
  • You lived in New York as a married couple; OR,
  • The grounds for your divorce occurred in New York

Residency can also be satisfied if both spouses are residents of New York on the day the divorce is filed and the grounds for the divorce occurred in New York.

How Does the Contested Divorce Process Work in New York?

A contested divorce in New York follows a structured legal process. It begins when one spouse files a Summons with Notice or a Summons and Complaint with the county clerk, then serves the documents on the other spouse within 120 days. The served spouse has 20 days to respond if served in New York, or 30 days if served outside the state.

Either party must file a Request for Judicial Intervention (RJI) within 45 days of service. This assigns a judge who holds a preliminary conference to outline disputed issues, set a discovery schedule, and explore settlement. During discovery, both sides exchange financial documents, asset valuations, and other relevant information. The New York Courts website provides a detailed overview of the contested divorce process.

Most contested cases settle through negotiation or mediation before trial. If settlement is not possible, the case proceeds to trial where the judge decides all remaining issues.

How Long Does a Contested Divorce Take in Garden City?

A contested divorce in Nassau County typically takes 12 to 18 months or longer from the filing of the RJI. The timeline depends on the complexity of the assets, whether custody is disputed, how cooperative both parties are during discovery, and the court’s schedule. An uncontested divorce can be finalized in as few as three to six months. The New York Courts provide a general timeline for contested divorces that can help you set realistic expectations.

How Is Property Divided in a New York Contested Divorce?

New York is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers the length of the marriage, each spouse’s income and earning capacity, contributions to marital property including homemaking, and the needs of any children. Separate property, such as assets owned before the marriage, inheritances, and gifts, generally remains with the original owner.

If your contested divorce involves significant assets, business interests, or retirement accounts, it is important to preserve financial records early. Gather tax returns, bank statements, and documentation of any separate property.

Can a Contested Divorce Be Settled Without Going to Trial?

Yes, and many do. The majority of contested divorces in New York reach a negotiated settlement before trial. Mediation is one of the most effective tools for resolving contested issues outside the courtroom. As a Certified Matrimonial Mediator, Gail B. Saul is uniquely qualified to guide this process. When mediation is appropriate, it can save significant time, expense, and emotional stress. If settlement is not possible, our firm is fully prepared to advocate for you at trial.

Talk to a Garden City Contested Divorce Attorney Today

A contested divorce is one of the most significant legal matters you may face. Contact The Saul Law Firm today for a confidential consultation with a Garden City family law attorney who will listen to your situation, explain your options, and provide the experienced advocacy you need to protect your future.

Frequently Asked Questions

How much does a contested divorce cost in New York?

The cost varies depending on the complexity of the issues, the length of discovery, and whether the case goes to trial. Attorney fees, filing fees, and expert costs, such as appraisers or forensic accountants, can increase the total. During your confidential consultation, we provide transparent guidance on anticipated costs.

What are the residency requirements for filing a contested divorce in New York?

At least one spouse must have lived in New York continuously for at least two years, or for one year if the marriage took place in New York, either spouse lived here at the time of marriage, or the grounds for divorce arose in the state.

What happens if I don’t respond to divorce papers in New York?

If you do not file a response within 20 days of being served in New York (or 30 days if served outside the state), the filing spouse may seek a default judgment, which allows the court to grant the divorce and decide property, custody, and support based on the petitioner’s submissions, without your participation. Contact an attorney immediately if you have been served.