Divorce is never an easy process, especially when it feels like things are spiraling out of your control. But sometimes, you may find that going along with a divorce the way your spouse wants it isn't in your best interest. If you're wondering about the reasons to contest a divorce, this guide is here to help you understand when it makes sense to push back and protect what matters most to you.
The Basics: Understanding Divorce in New York
New York is a no-fault divorce state, which means you can get divorced without needing to prove someone did something wrong. However, even though the state doesn’t require blame, that doesn’t mean every divorce is simple. If you and your spouse can’t agree on things like dividing assets, child custody, or alimony, you might end up with a contested divorce where the court has to step in.
So, when should you consider contesting a divorce? Let’s break it down.
What Does It Mean to Contest a Divorce?
A contested divorce happens when one spouse disagrees with the divorce terms the other spouse has suggested. This disagreement can be about anything from child custody to splitting up property or deciding on alimony payments. When this happens, the court may need to decide on the issues.
But before it gets that far, understanding the reasons to contest a divorce can help you decide whether it’s the right move for you.
Reasons to Contest a Divorce
Sometimes, contesting a divorce is not just an option—it’s the best decision you can make to protect yourself, your finances, and your children’s future. Here are some of the most common reasons people choose to contest:
1. Disagreements Over Child Custody
When it comes to divorce, your children’s well-being is usually your top priority. Ensuring they are in a safe, stable environment is crucial, especially during a time of change. If the custody arrangement your spouse is pushing for seems unfair or doesn’t reflect what’s truly best for your kids, it may be worth contesting.
Why Contest Custody?
If your spouse’s proposed custody plan limits your time with your children or doesn’t prioritize their best interests.
If there are concerns about your spouse’s ability to provide a safe and stable home environment.
If you’ve been the primary caregiver and want to ensure that your children continue to have consistency in their lives.
Questions You Might Have:
What factors will the court consider?
Courts in New York look at a variety of factors, including:Which parent has been more involved in the children’s day-to-day lives.
The stability of each parent’s home environment.
The ability of each parent to provide for the children’s physical, emotional, and educational needs.
The children’s own preferences, if they are mature enough to express them.
Is it possible to change the custody agreement later?
Yes, custody arrangements can be modified, but it's often easier to get it right from the start. To change an existing agreement, you would need to show that a significant change in circumstances has occurred.How do I prepare for a custody dispute?
Keep detailed records of your involvement in your children’s lives—school events, doctor appointments, extracurricular activities, etc. This can serve as evidence to show the court how committed you are to your children’s well-being.
2. Unfair Division of Assets
In New York, marital assets are divided based on the principle of “equitable distribution.” This means assets are split fairly but not necessarily equally. If you feel that the proposed division is not fair or you suspect your spouse is hiding assets, contesting this part of the divorce can protect your financial future.
Why Contest Asset Division?
If you believe your spouse is hiding assets, undervaluing property, or not disclosing all financial information.
If you sacrificed your career or stayed home to raise children, you might be entitled to a larger share of the assets.
If your spouse is claiming more than their fair share, especially if they managed most of the finances during your marriage.
Questions You Might Have:
What types of assets are included?
The division can include:Real estate properties, including your home.
Bank accounts, stocks, bonds, and retirement accounts.
Businesses owned jointly or individually.
Debts like credit cards, loans, or mortgages taken during the marriage.
How can I prove my spouse is hiding assets?
Your lawyer can help you request detailed financial disclosures from your spouse. If needed, a forensic accountant can trace hidden funds, uncover undisclosed properties, or review suspicious financial transactions.What if my spouse spent our money recklessly before filing for divorce?
If your spouse wasted marital funds on gambling, affairs, or other irresponsible expenses, the court may consider it when dividing assets. This is known as "dissipation of marital assets," and it could impact how much you receive.
3. Disputes Over Spousal Support (Alimony)
Alimony, also known as spousal support, is often a hot-button issue, especially if one spouse was financially dependent on the other during the marriage. If you think the proposed alimony amount is either too high or too low, it may be worth contesting.
Why Contest Alimony?
If you were a stay-at-home parent or significantly contributed to your spouse’s career, you might deserve higher payments to help you get back on your feet.
If your spouse is demanding more alimony than you can reasonably afford, or if the amount seems unfair, contesting it can help protect your financial stability.
If your financial situation has changed significantly since the initial alimony agreement was made, you may need to adjust the payments.
Questions You Might Have:
How does the court decide on alimony?
The court considers:The length of the marriage.
The age and health of both spouses.
Each spouse’s current and future earning capacity.
Whether one spouse sacrificed their career or education to support the other or care for children.
Can alimony be adjusted later?
Yes, alimony can be modified if there are major changes in circumstances, such as job loss, a serious health issue, or remarriage. However, it’s best to negotiate terms upfront that reflect your current needs and future plans.What if my spouse is refusing to pay alimony?
If your spouse refuses to pay, you can take legal action to enforce the court’s order. This might include wage garnishment or placing liens on property.
4. Fault-Based Grounds for Divorce
While New York allows no-fault divorces, where neither spouse needs to prove the other did anything wrong, there are still fault-based grounds you can use to contest a divorce. This includes situations where your spouse’s actions—like adultery, cruelty, or abandonment—directly led to the breakdown of your marriage.
But why would you want to file on these fault grounds when no-fault seems simpler? Let’s explore:
Why Contest a Divorce Based on Fault?
If your spouse’s bad behavior contributed to the end of your marriage, proving fault can sometimes lead to a better outcome for you in terms of alimony, child custody, or property division. Here’s how:
Impact on Alimony: If your spouse’s actions—like infidelity or cruelty—were particularly harmful, the court may take that into consideration when deciding if you should receive spousal support. For instance, if your partner drained marital assets to support an affair, that could impact what you’re entitled to.
Property Division: In New York, while property is usually divided fairly (but not necessarily equally), showing fault could potentially tip the scales in your favor, especially if your spouse’s actions led to financial losses or emotional distress.
Questions You Might Have:
Does proving fault really change the outcome?
In some cases, yes. For example, if one spouse's harmful actions directly affected the family’s finances or the children's well-being, the court might award a larger share of assets or more favorable custody arrangements to the other spouse.
Is it harder to prove fault?
Yes, it can be challenging. You’ll need concrete evidence like text messages, emails, witness statements, or even photos. Collecting this evidence can be emotionally taxing and expensive. But if your case is strong, it may be worth the effort.
What kind of evidence would I need?
You might need things like documented proof of infidelity, financial records showing hidden expenditures, or testimonies from people who witnessed abusive behavior. Working with an experienced attorney can help you gather what’s needed to build your case.
5. Protecting Your Financial Future
Divorce often brings financial uncertainty, especially if one spouse handled most of the family’s money. If you suspect your spouse is hiding assets or trying to leave you with more than your fair share of debt, contesting the divorce can help protect your financial future.
Why Contest for Financial Protection?
There are several reasons to contest a divorce if you’re concerned about your financial stability:
Ensuring Fair Division of Assets: Contesting allows you to uncover any hidden bank accounts, investments, or properties that your spouse might not be disclosing. You deserve your fair share of all marital assets.
Preventing Debt Surprises: Sometimes, spouses may try to shift debts onto you. By contesting, you can make sure any debts are fairly divided so that you’re not stuck paying off loans or credit cards you didn’t benefit from.
Safeguarding Long-Term Financial Health: This is especially important if you’re nearing retirement or have significant financial commitments, like paying for a child's education or a mortgage.
Questions You Might Have:
How do I find hidden assets?
Your attorney can guide you through a legal process called discovery, which requires your spouse to disclose all financial information. This can include subpoenas for bank records, tax returns, and other financial documents.
What if hidden assets are found after the divorce is finalized?
If you discover hidden assets after the divorce, you may be able to reopen the case or have the court impose penalties on your spouse. However, this can be a lengthy process, so it’s best to try uncovering everything during the initial divorce proceedings.
6. Feeling Pressured to Sign an Agreement
Going through a divorce is stressful, and it’s easy to feel overwhelmed. Sometimes, people sign agreements quickly just to “get it over with,” especially if their spouse is pushing hard to settle. However, rushing into an agreement without fully understanding it can leave you with regrets later.
Why Contest If You Feel Pressured?
If you’re feeling pressured, it’s crucial to take a step back and consider your options:
You Have the Right to Take Your Time: If your spouse is pressuring you to sign something you don’t fully understand, contesting can buy you more time to review the terms. This way, you can negotiate better terms that actually meet your needs.
Protecting Your Interests: Contesting the divorce gives you time to think things through and consult with a lawyer. This can prevent you from agreeing to terms that don’t serve your best interests, whether it’s related to finances, custody, or property.
Questions You Might Have:
What if I’ve already signed something under pressure?
If you signed an agreement but can prove you were coerced or misled, it may be possible to contest it. The court may allow you to renegotiate if there’s evidence of unfair pressure.
How can I protect myself from being pressured?
Always have a lawyer review any agreements before you sign them. If you’re not sure about something, don’t hesitate to ask for more time. It’s better to take it slow than to rush and regret it later.
Why Would a Divorce Go to Trial?
Sometimes, even if you try to work things out through mediation or negotiation, a divorce may still end up going to trial. You might be wondering: Why would a divorce go to trial? Here are a few reasons:
Complex Finances: If you and your spouse own several properties, businesses, or have complex investments, it can be challenging to agree on how to split everything fairly. In these cases, a judge may need to step in to ensure everything is disclosed and divided correctly.
High-Conflict Custody Battles: If you and your spouse can’t agree on what’s best for your children, especially if both of you have strong opinions, a judge might have to decide. The court will prioritize the children’s best interests, which may involve hearing from both parents and even outside professionals.
Serious Allegations: Sometimes, there are accusations of abuse, neglect, or substance abuse. If these claims are serious and can impact custody or safety, a trial may be necessary to present evidence and protect the well-being of those involved.
What You Should Know About Going to Trial
Trials can be time-consuming and expensive. They often involve witnesses, experts, and a lot of paperwork. But if it’s necessary to protect your rights, it can be worth the effort.
During a trial, both sides present their cases to the judge, who will then make legally binding decisions. It’s the court’s job to ensure the outcome is as fair as possible.
How Krasner Law Can Support You Through a Contested Divorce
Dealing with a contested divorce in New York can be overwhelming, but you don’t have to go through it alone. At Krasner Law, we understand how stressful and emotional this process can be. That’s why we’re here to help you protect your rights, your children, and your financial future.
Whether you’re facing a tough custody battle, disagreeing on financial terms, or just need advice on what steps to take, our team will guide you through each step with care and understanding. We’re committed to helping you achieve the best possible outcome, no matter how complex your case might be.
Take the Next Step: Protect What Matters Most
If you’re considering contesting your divorce, it’s important to take action sooner rather than later. Don’t settle for an agreement that doesn’t feel right. Let Krasner Law help you navigate the process and fight for what you deserve.
Contact us today for a consultation and find out how we can support you during this challenging time. Visit our Divorce Services page to learn more about how we can assist you.