What Happens if Property Is Contested in a Suffolk County Divorce?

Learn the impact of contested property in a Suffolk County divorce case.

Going through a divorce is never easy. Especially when property disputes are involved, things can get more complicated. That’s why you need an experienced divorce attorney contested assets NY to help guide you through the challenges. Disagreements over property often lead to extended court battles, and without the right help, the outcome could significantly affect your future. 

A divorce attorney contested assets NY understands the ins and outs of contested property and can work to protect your rights. If you’re facing a contested property divorce in Suffolk County NY, it’s important to have someone on your side who knows how to handle these situations. Keep reading to understand what happens when property is contested in a Suffolk County divorce and why having a skilled attorney matters.

Quick Summary:

• A contested divorce occurs when one spouse disagrees on important issues like asset division, child custody, or spousal support. Although New York has no-fault divorce laws, meaning one spouse can file even if the other disagrees, disputes over property or custody often make the divorce process more complicated. In these cases, the court must usually step in to help resolve the disagreements.
• In contested divorces, the couple can’t agree on key issues, so the court needs to get involved. This process can take longer and often includes motions, discovery, and a trial. On the other hand, uncontested divorces are faster and less costly because both parties agree on all the terms.
• If property division is an issue, the process starts when one spouse files for divorce and requests court involvement. Then, there’s a preliminary conference, during which both sides exchange financial information. If an agreement isn’t reached, a judge may have to step in and make the final decision.
• In New York, property is divided according to the length of the marriage, financial contributions from each spouse, and future needs. Marital property—assets like income and real estate earned during the marriage—is divided. Still, separate property, like gifts or inheritances, stays with the original owner unless mixed with marital assets.

What is a Contested Divorce in New York?

A contested divorce in New York occurs when one spouse files for divorce, but the other spouse disagrees with the terms, such as child custody, division of assets, or spousal support. This disagreement leads to legal intervention, often requiring a judge to resolve the issues. 

New York’s no-fault divorce law, under Domestic Relations Law § 170(7), allows a spouse to file for divorce based on an “irretrievable breakdown” of the marriage. Even if one party does not agree, the divorce can still be granted if the other spouse meets the criteria. However, disagreements over asset division, child custody, and support often lead to contested cases.

Key Aspects of Contested Divorce

Understanding the main points of a contested divorce is important for dealing with the legal process. A contested divorce can significantly impact the duration, cost, and emotional toll on both parties due to the ongoing disputes that need to be settled in court.

• Agreement on Terms: In a contested divorce, the spouses cannot agree on one or more key aspects of the divorce settlement, which leads to disputes that must be resolved in court. This lack of agreement necessitates legal intervention to determine property division, child custody, and support payments.

• Legal Proceedings: Contested divorces involve extensive legal proceedings, including filing motions, discovery processes, and a trial in which a judge makes final decisions on disputed matters. Due to the parties’ conflicting interests, these proceedings can be complex and require thorough legal representation. 

• Duration and Cost: Contested divorces typically take longer to resolve and incur higher costs. This is due to the complexity of legal proceedings and the time required for negotiations and court appearances. Depending on the case’s specifics and the conflict between the spouses, the process can extend from several months to years. 

• Emotional Impact: Due to their adversarial nature, contested divorces are often more emotionally taxing. The ongoing disputes and court battles can exacerbate tensions between spouses and hurt any children involved. The stress and conflict inherent in contested divorces can prolong emotional distress and complicate the healing process. 

The Legal Process for Contested Property Division

When a property is contested in a divorce, the division of assets can become a major point of contention that complicates the overall process. In Suffolk County, NY, the legal system has clear rules for how property should be divided, but when spouses can’t agree, the court must step in. Here’s a breakdown of what typically happens:

• Filing for Divorce: The process begins when one spouse (the Plaintiff) files a Summons and Verified Complaint or a Summons with Notice from the County Clerk’s Office. The Defendant must be served within 120 days.
• Request for Judicial Intervention (RJI): If issues, like property division, remain unresolved, the Plaintiff must file an RJI within 45 days of service. This signals the need for court involvement.
• Preliminary Conference: A conference is scheduled within 45 days after the case is assigned to a judge. Both spouses must provide financial disclosures using Statements of Net Worth.
• Discovery Phase: During discovery, spouses exchange financial documents, and appraisals of significant assets (e.g., real estate or business valuations) may be conducted.
• Trial or Settlement: If a resolution isn’t reached through negotiation, the case may go to trial, and a judge will decide. However, many divorces settle before reaching this stage.

What Are Factors Considered in Equitable Distribution?

New York courts look at several factors when dividing property equitably. While each case is unique, these common considerations often influence the division:

• Duration of Marriage: The longer the marriage, the more likely both spouses’ contributions will be viewed as significant, which can affect asset division.
• Financial Contributions: Courts also consider each spouse’s economic contributions, including non-financial contributions like homemaking or child-rearing.
• Future Financial Needs: Both spouses’ potential future earnings and financial needs are considered, ensuring neither spouse is left at a disadvantage after the divorce.
• Health and Age: Each spouse’s physical and mental health may be considered, especially if one spouse has more significant health needs.
• Wasteful Spending: If one spouse recklessly spends marital funds (e.g., gambling, or extravagant purchases), this could negatively affect their share of the property.

The Role of Marital vs. Separate Property

The distinction between marital and separate property is critical in divorce-related property disputes. This understanding helps define which assets are subject to division and plays a major role in how the court allocates property.

Marital Property

Under New York law, marital property includes assets acquired during the marriage, regardless of whose name is on the title. Examples include income earned during the marriage, real estate purchased together, and pensions accrued. This property is subject to equitable distribution during divorce proceedings.

Separate Property

Separate property, as defined under Domestic Relations Law § 236(B)(1), includes assets owned by one spouse before the marriage or received as a gift or inheritance during the marriage. Disputes can arise when one spouse argues that certain assets should be considered separate property while the other claims they are marital assets due to contributions made during the marriage.

How Does the Court Resolve Property Disputes?

Property disputes in divorce in Suffolk County, NY can become a major conflict in a contested divorce, requiring the court’s involvement to divide assets fairly. New York’s equitable distribution laws govern the process, which can involve several stages, from hearings to a potential trial, where both parties present their cases.

Brief Overview of Court Hearings and Trials

The court’s role in resolving property disputes begins with hearings where both parties present their claims. The proceedings help the judge understand the issues and determine how to proceed.

• Preliminary Conference (PC): This is typically the first court appearance after a divorce is filed. During this meeting, both parties and their attorneys present their issues to the judge. The judge identifies areas of agreement and disagreement, setting the stage for further proceedings.
• Discovery Phase: After the PC, the discovery phase begins, where both parties exchange financial information, such as Statements of Net Worth. These statements detail assets, liabilities, income, and expenses, helping uncover important information for determining property division.
• Compliance Conference: At this stage, the judge ensures both parties have followed discovery orders and may encourage settlement discussions to resolve some issues before a trial.
• Trial: The case moves to trial if the issues remain unresolved after these phases. Both parties present evidence and witnesses to support their positions on property division. The plaintiff usually goes first, followed by the defendant’s response and counterclaims.

The Judge’s Role in Making Final Decisions on Contested Assets

In contested property disputes, the judge plays a central role in determining how assets should be divided. The judge evaluates all available evidence, including appraisals, to make decisions based on fairness and the law.

• Determining Asset Value: The judge evaluates valuable assets like real estate or businesses. These evaluations help establish a fair market value for assets to ensure an equitable distribution.
• Making Legal Rulings: After reviewing the evidence, the judge will decide how marital property should be divided. New York’s equitable distribution laws guide the decision, considering factors such as the length of the marriage, financial circumstances, and each spouse’s contributions to the marriage.

What Are Possible Outcomes for Property Division?

In contested divorces, the court can order various outcomes for the division of property, depending on the specific circumstances of the marriage and assets. The primary goal is to ensure that the division is fair and equitable, though not always equal.

• Equitable Distribution: The most common outcome is an equitable division of marital assets. While this doesn’t always mean a 50/50 split, the court considers each spouse’s contributions and financial situation factors to determine what’s fair.
• Awarding Separate Property: If one spouse can prove that certain assets were acquired before the marriage or were received as gifts or inheritance, those assets may not be divided. The court respects these separate properties, keeping them outside the distribution process.
• Temporary Orders: In some cases, judges may issue temporary orders for using or possessing marital property while the divorce is ongoing. For example, a spouse may live in the marital home or access certain assets until a final decision is made.

Facing Property Disputes in Your Divorce?  Call Our Divorce Attorney Contested Assets NY Now!

We know that divorce is tough, especially when dealing with property disputes. At Donato Law, we help you manage this challenging time. With years of experience in family law and divorce cases in Suffolk County, NY, including contested property divorces, we aim to protect your rights and interests. 

Our team will guide you through the process, working towards a fair resolution of your property disputes. Let us support you and provide the effective assistance you need. Reach out today for a free consultation to discuss how we can help you.