Contested Divorce Solutions in White Plains NY

Contested Divorce / Litigation

If the parties cannot reach an agreement on issues pertaining to the dissolution of the marriage, such as child custody, division of assets and liabilities, and support payments, whether or not you have mediated, collaborated, or have tried, with or without lawyers, to negotiate a resolution of these issues, it may be necessary to litigate to reach such resolution. “Litigation” is a legal term meaning “carrying out a lawsuit.” This does not mean that you will be foreclosed from ultimately agreeing, but the framework for doing so may be within the “court system”, with a timetable established by the courts. This is often referred to as a contested divorce, “going to court”, or “litigating”.

Despite the courthouse environment, most divorce cases still reach an out-of-court, or even an “in court”, settlement, as the reality is that very few cases are ever tried to conclusion.

In most cases, the decision to divorce is not mutual, and by its very nature, this creates an adversarial situation from the start. In many of those situations, mediation and collaborative divorce may not seem viable as methods for dispute resolution, since both of these methods rely on both parties’ honesty and full cooperation, especially engaging in full voluntary disclosure of all financial information, and one party or the other may not be ready to do so. 

The Fredman Baken & Novenstern LLP attorneys are highly skilled, experienced negotiators and always strive to reach a reasonable settlement for our clients without resorting to costly (emotionally and financially) court time. We know that an overly contentious approach not only prolongs the pain of divorce but also substantially increases your legal fees and will be emotionally detrimental to everyone involved, especially the children.

Of course, if negotiating an agreement can’t be done, we are known as tough and relentless advocates for our client’s rights and know the steps necessary to fully protect our client’s rights.