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Call Now To Schedule A 20-minute Case Assessment Or Full 50-minute Case Strategy
Consultation! (914) 468-0968

Call Now To Schedule A 20-minute Case Assessment
Or Full 50-minute Case Strategy Consultation! (914) 468-0968

 * Home
 * About The Attorney
 * Contested Divorce Case
 * Testimonials
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 * Home
 * About The Attorney
 * Contested Divorce Case
 * Testimonials
   * Client Testimonials
   * Attorney Endorsements
 * Blog
 * Contact Us




NAVIGATING YOUR NEW YORK CONTESTED DIVORCE CASE


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HEADING FOR A CONTESTED DIVORCE?

The vast majority of divorces ultimately end as uncontested divorces, meaning
they ultimately settle outside of Court and do not require litigation. A divorce
case becomes contested when either: (a)The parties attempt to negotiate a
resolution outside of a courtroom and are unsuccessful in doing so; or, (b) The
parties know right from the outset that they are not going to be able to
negotiate a resolution outside of a courtroom.





There are a number of different scenarios in which a divorcing couple might know
from the outset that they won’t be able to negotiate successfully outside of a
courtroom. This commonly happens in cases involving domestic violence, or
otherwise deeply troubled relationships in which communication has completely
broken down. Negotiation might also be a non-starter in cases where there are
sharply contested custody issues. These issues are often difficult to negotiate
outside of a courtroom - in large part because the stakes and the emotions
involved are so high that parties are less likely to be able to reach a
compromise.









For instance, let’s say Parent A leaves the family home with the children and
wants full custody, and Parent B is contesting the issue of custody and wants
the child to be returned. In a case like that, there is often no “middle ground”
the parties can agree upon, and mediation outside of litigation is typically
fruitless.


CLIENT TESTIMONIALS


Great experience. Mr. Bliven and his staff were amazing during this difficult
time. They were there every step of the way. He is very knowledgeable and had my
best interest in mind. His staff was on point and such a pleasure to work with.

– GINA

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NAVIGATING YOUR NEW YORK CONTESTED DIVORCE CASE



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WHAT ARE THE MOST COMMON REASONS THAT COUPLES FIND THEMSELVES IN A CONTESTED
DIVORCE SITUATION?

In my experience, the most common reasons that couples find themselves in
contested divorce situations are: (a) Sharply contested custody or visitation
issues (b) Very steep requests for asset distribution and/or spousal maintenance
(otherwise known as “alimony”).

In either of these cases, the dispute would have to be so severe that there is
no middle ground and negotiation is not possible.





For example, let’s say the parties are trying to negotiate a resolution on
custody issues. Often, attorneys will try to recommend that their clients try to
find a compromise, and possibly settle for some kind of joint or shared custody.
However, in cases where both parents absolutely insist that they want primary
physical custody, the idea of joint or shared custody isn’t really applicable.
If both parties are absolutely set on fighting for full physical custody and
refuse to accept anything less under any circumstances, further negotiation is
going to be fruitless.









The same concept applies to contested issues around visitation. For instance,
let’s say that Parent A insists that Parent B shouldn’t have overnight visits,
or should only have supervised visits, and Parent B refuses to accept those
terms. There may be good reasons for Parent A’s insistence: Parent B could have
drug or alcohol issues, or perhaps mental health issues. On the other hand,
there may be good reasons for Parent B’s insistence: Parent A could be acting
out of spite or vindictiveness, or perhaps fabricating reasons to withhold the
child from Parent B. In a case like this, you are unlikely to get either parent
to budge on their position, and further attempts at negotiation or mediation in
search of a “compromise” are consequently unlikely to work.

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