New York Specific

Contested Divorce in New York: The Full Litigation Guide

When spouses cannot agree on key issues like property division, custody, or support, the divorce becomes "contested" and a judge must decide. In New York, contested divorces involve formal discovery, possible depositions, and potentially a trial. The process is expensive and time-consuming, but sometimes it is the only path to a fair outcome. Here is how it works and how to protect yourself.

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What Makes a Divorce Contested

A divorce is contested when the spouses disagree on one or more major issues and cannot resolve them through negotiation or mediation. The dispute is then submitted to a judge for decision.

Property and asset division

Disagreement over who gets the house, retirement accounts, investments, or business interests. In New York (an equitable distribution state), the rules affect the starting point for division.

Child custody and parenting time

Both parents want primary custody, or they disagree on the parenting schedule. New York has no joint custody presumption, so the court evaluates each situation individually.

Spousal support / alimony

One spouse wants maintenance and the other objects to the amount or duration. In fault states like New York, marital misconduct may affect the outcome.

Child support amount

Disputes over income calculations, imputed income for an underemployed spouse, or special expenses for the children.

Debt allocation

Disagreement over who is responsible for credit card debt, the mortgage, student loans, or other marital debts.

The Contested Divorce Process: Step by Step

Filing the petition

One spouse files the divorce petition with the court and pays the $335–$380 filing fee. The other spouse is formally served and has a limited time (usually 20-30 days) to respond.

Temporary orders

Either spouse can request temporary orders for custody, support, and use of the family home while the case is pending. A hearing is held quickly, often within weeks.

Financial disclosures

Both spouses must exchange complete financial disclosures including income, assets, debts, and expenses. Failure to disclose fully can result in sanctions.

Discovery

Formal information gathering: interrogatories (written questions), requests for production of documents, requests for admission, and subpoenas to third parties like banks and employers.

Depositions

Sworn, out-of-court testimony taken by attorneys. Each spouse may be deposed, along with witnesses, experts, or business partners. Transcripts can be used at trial.

Expert evaluations

The court may order a custody evaluation, business valuation, real estate appraisal, or forensic accounting. Experts charge $2,000-$15,000+ depending on complexity.

Mediation (often mandatory)

Many New York courts require mediation before trial. A neutral mediator helps the spouses negotiate. Even in contested cases, many issues settle at this stage.

Pre-trial conference

The judge meets with attorneys to narrow issues, encourage settlement, and set a trial schedule. Many cases settle at or immediately after this conference.

Trial

Both sides present evidence, call witnesses, and make arguments. The judge makes binding decisions on all unresolved issues. Trials typically last 1-5 days.

Final judgment

The judge issues the final divorce decree. The None (no-fault if 6+ months breakdown) waiting period must also have elapsed.

Costs of a Contested Divorce

Attorney fees

Average: $15,000-$30,000 per spouse. High-conflict cases with custody disputes, business valuations, or hidden assets: $50,000-$100,000+. Attorneys typically charge $250-$500/hour.

Expert witnesses

Custody evaluators ($3,000-$10,000), forensic accountants ($5,000-$15,000), business valuators ($5,000-$20,000), real estate appraisers ($300-$600).

Court costs and filing fees

Filing fee: $335–$380. Additional costs for motions, subpoenas, trial fees, and transcript costs can add $1,000-$5,000.

Timeline cost

Contested divorces in most states take 12-36 months. During that time, both spouses bear the emotional and financial toll of uncertainty.

Strategies to Reduce Conflict and Cost

✓Try mediation early and genuinely, even if you think it will not work. A skilled mediator resolves most issues
✓Hire an experienced family law attorney who encourages settlement, not one who escalates conflict
✓Separate emotional issues from financial ones. Anger over the marriage should not drive financial decisions
✓Use a collaborative or cooperative approach if your spouse is willing. Both save substantially over full litigation
✓Be realistic about outcomes. Research what judges typically order in your situation and county
✓Settle the easy issues first. Narrowing the dispute reduces trial time and cost dramatically
✓Keep detailed financial records from the start. Organized clients save thousands in attorney time
✓Avoid discovery abuse. Excessive document requests and depositions run up both sides' costs

When You Should Fight vs. Settle

Fight when

Your spouse is hiding assets, your children's safety is at risk, your spouse refuses to negotiate in good faith, or the amount at stake significantly exceeds litigation costs.

Settle when

The likely court outcome is close to what is being offered, the cost of litigation would exceed the difference, preserving a co-parenting relationship matters, or you need to move on emotionally.

Consider partial settlement

You can agree on some issues (for example, property) and litigate others (for example, custody). This hybrid approach saves time and money while still protecting your critical interests.

Every situation is different

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Legal Disclaimer: This article covers New York divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed New York family law attorney for advice specific to your situation.