If you’re facing a contested divorce in Manhattan, you’re dealing with significant legal and personal challenges. New York courts will make final decisions about your property, finances, and potentially your children’s custody. But you have options. Even when spouses disagree on major issues, many contested divorces are resolved through negotiation before trial.
Manhattan contested divorce attorney Ryan Besinque has represented clients in contested divorce cases throughout New York City since 2012. The Law Office of Ryan Besinque handles all aspects of contested divorce, from initial filing to trial preparation. We represent clients at the New York County Supreme Court and, when appropriate, in Family Court matters involving custody, visitation, support, or family offense petitions.
This guide explains the contested divorce process in Manhattan, including the timeline from filing to judgment, the discovery phase, when settlement makes sense versus going to trial, and how courts decide custody and property division.
Call The Law Office of Ryan Besinque at (929) 251-4477 to discuss your case with an experienced divorce lawyer in NYC.
A contested divorce is any divorce where spouses cannot agree on one or more significant issues. The disagreement might involve child custody, child support, spousal support, division of marital property, or other terms of the divorce. Because the spouses cannot reach an agreement on their own, they need the court to make decisions for them.
Contested divorces differ from uncontested divorces, where both spouses agree on all terms and submit their settlement agreement to the court for approval. In an uncontested divorce, the judge reviews the agreement to ensure it’s fair and complies with New York law, but the spouses maintain control over the outcome. In a contested divorce, the judge has the authority to make final decisions about disputed issues after hearing evidence and arguments from both sides.
It’s important to understand that “contested” doesn’t mean every issue must go to trial. Many contested divorces start with significant disagreements but are ultimately resolved through negotiation, mediation, or settlement conferences. What makes a divorce contested is that at least one major issue requires court intervention to reach a resolution, even if that intervention involves the judge encouraging settlement rather than issuing a ruling after trial.
New York law requires specific grounds to file for divorce. Understanding these grounds helps you determine the basis for your divorce filing and what evidence you may need to provide.
The most common ground for divorce in New York is the no-fault ground based on an irretrievable breakdown of the marriage. Under New York Domestic Relations Law § 170, either spouse can file by stating under oath that the relationship has been irretrievably broken for at least six months; the court will not enter a judgment under this ground until the economic and parenting issues are resolved by agreement or decision. This ground does not require proving the other spouse did anything wrong. It simply requires one spouse to assert that the marriage cannot be saved.
New York also recognizes several fault-based grounds for divorce:
It’s important to understand that the choice between contested and uncontested divorce is separate from the grounds you use. You can file on no-fault grounds and still have a contested divorce if you and your spouse disagree about custody, support, or property division. The grounds simply establish your legal right to end the marriage.
Key Takeaway: New York allows both no-fault divorce (irretrievable breakdown for six months) and fault-based grounds, including cruelty, abandonment, adultery, and imprisonment. The grounds you choose do not determine whether your divorce will be contested; that depends on whether you and your spouse can agree on the terms.
The contested divorce process in Manhattan follows specific procedures and timelines set by the New York State Court System.
One spouse (the plaintiff) files a Summons with Notice or Summons and Complaint with the New York County Supreme Court. The plaintiff purchases an index number and files either a Summons and Verified Complaint or a Summons with Notice. The plaintiff must then properly serve these documents to the other spouse (the defendant), following New York’s service requirements. The defendant must respond within 20 days after service of the summons, or within 30 days after service is complete when service is made by other authorized methods (including service outside New York).
The defendant files an Answer responding to the allegations in the Complaint. If the defendant wants to raise their own claims, they can file counterclaims in the Answer.
After both parties have filed their initial documents, the plaintiff must file a Request for Judicial Intervention (RJI) to move the case forward. The RJI is a form that requests the court to assign a judge to the case. The RJI must be filed no later than 45 days from service of the summons, or no later than 120 days from service if both parties file a Notice of No Necessity.
Once the RJI is filed, the court schedules a preliminary conference. At this conference, the judge sets a schedule for discovery, addresses any temporary issues like support or custody, and encourages the parties to consider settlement. Both spouses must exchange and file a Statement of Net Worth, a detailed financial disclosure form, at least 10 days before the preliminary conference.
Discovery is the process by which both sides gather information and documents to understand the full financial picture and prepare their case. This can include requests for financial records, depositions, and subpoenas to third parties. Court rules generally set a schedule for completing discovery and filing the Note of Issue within six months of the preliminary conference (though the court can shorten or extend deadlines based on the circumstances).
After discovery, the court may schedule a compliance conference to ensure both sides have exchanged all required information and are ready to proceed to trial or settlement.
If the case doesn’t settle during discovery, either party can file a Note of Issue indicating the case is ready for trial. The court then schedules a trial date. At trial, both sides present evidence, call witnesses, and make arguments. The judge issues a decision addressing all contested issues and enters a judgment of divorce.
| Stage | Timeframe | What Happens |
|---|---|---|
| Filing & Service | Day 1 | Summons and Complaint filed with the court |
| Answer Due | 20-30 days | Defendant must file a response |
| RJI Filed | Within 45-120 days | Request for Judicial Intervention assigns a judge |
| Preliminary Conference | 45 days after RJI | Judge sets discovery schedule and addresses temporary issues |
| Discovery | 6 months from preliminary conference | Exchange financial documents, depositions, interrogatories |
| Note of Issue | Within 6 months of preliminary conference | Case certified as ready for trial |
| Trial | Court rules aim to schedule trial no later than 6 months from the preliminary conference | Judge hears evidence and issues decision |
If you’re facing contested divorce proceedings in Manhattan, Ryan Besinque can guide you through each stage of the process. Call (929) 251-4477 to discuss your case.
Ryan Besinque is a Manhattan family law attorney who has practiced divorce and family law since 2012. He graduated in the top third of his class from the University of San Diego School of Law, where he received the CALI Award for Family Law and the Outstanding Service Award from the Legal Aid Society of San Diego. Mr. Besinque serves on the Manhattan Assigned Counsel Panel, providing representation to indigent clients. He also provides pro bono services to victims of domestic violence.
Ryan Besinque’s approach focuses on understanding each client’s unique situation and goals before recommending a strategy. He works to resolve contested divorces through negotiation when possible, but is prepared to litigate when settlement is not in the client’s best interest. Clients appreciate his clear communication, availability, and attention to detail throughout the divorce process.
Discovery is the formal process where both spouses exchange financial information and gather evidence to prepare for settlement negotiations or trial. This phase is often the longest part of a contested divorce. New York courts require full financial disclosure to ensure fair property division and appropriate support awards.
Discovery typically includes several components. Interrogatories are written questions that must be answered under oath. These often focus on income, assets, debts, and other financial matters. Document requests require each spouse to produce relevant records such as bank statements, tax returns, pay stubs, retirement account statements, credit card bills, mortgage documents, and business records if either spouse owns a business.
The Statement of Net Worth is a mandatory financial disclosure form that both spouses must complete and exchange. This detailed form lists all income, expenses, assets, and debts. It must be filed with the court and updated if circumstances change significantly during the case.
Depositions allow attorneys to question the other spouse or witnesses under oath, with a court reporter recording the testimony. This helps attorneys understand what testimony would be given at trial and can reveal information not disclosed through documents. Subpoenas can be served on third parties such as banks, employers, or accountants to obtain financial records or other relevant information.
The purpose of discovery is to ensure both sides have complete information about the marital finances. This transparency is essential for fair negotiations and allows the court to make informed decisions if the case goes to trial. Ryan Besinque works with clients to gather all required documents, prepare thorough responses to discovery requests, and identify gaps in the other side’s financial disclosure.
Key Takeaway: Discovery requires both spouses to disclose complete financial information through interrogatories, document requests, the Statement of Net Worth, depositions, and subpoenas. This process typically takes six months and provides the foundation for fair settlement negotiations or trial preparation.
Contact Ryan Besinque in Manhattan at (929) 251-4477 to ensure your financial interests are protected throughout the discovery process.
One of the most important decisions in a contested divorce is whether to settle through negotiation or proceed to trial. Understanding the benefits and drawbacks of each approach helps you make the best choice for your situation.
Settlement offers several advantages over a trial. When you reach a negotiated agreement, you maintain control over the outcome rather than leaving decisions to a judge who may not fully understand your family’s unique circumstances. Settlement is typically faster and less expensive than going to trial, which can take many months and involve substantial legal fees, expert witness fees, and court costs.
Settlements also offer privacy. Court proceedings and trial testimony become part of the public record, while settlement negotiations remain confidential. This can be especially important when discussing sensitive financial information or family matters. Additionally, spouses who can work together to reach a settlement often establish a better foundation for co-parenting relationships after divorce.
Many contested divorces are resolved through settlement conferences, mediation, or direct negotiation between attorneys. Even when spouses have significant disagreements, identifying areas of agreement and focusing negotiations on the true disputes can lead to resolution without trial.
A trial may be necessary in certain circumstances. If one spouse is hiding assets or refusing to provide a complete financial disclosure despite court orders, a trial allows for subpoenas and court-ordered disclosure that might not be available through settlement negotiations. Cases involving domestic violence or significant power imbalances may require the court’s intervention to ensure a fair outcome.
Some disputes involve genuinely complex legal questions or valuation issues where the parties cannot agree even with complete information. High-conflict custody disputes where parents fundamentally disagree about what’s in the child’s best interests may also require a judge’s decision.
Ryan Besinque works to resolve contested divorces through negotiation when possible, but is prepared to try cases when settlement is not in the client’s best interest. The goal is to achieve the best possible outcome, whether through settlement or trial.
Key Takeaway: Settlement offers more control, lower costs, faster resolution, and privacy compared to trial. Trial may be necessary when one spouse hides assets, in cases involving domestic violence or power imbalances, or when genuine legal disputes cannot be resolved through negotiation.
While an uncontested divorce may be preferable when spouses can agree on all terms, a contested divorce is sometimes the better path to ensure a fair outcome.
A contested approach makes sense when significant marital assets are at stake. If you and your spouse accumulated substantial property, retirement accounts, real estate, or business interests during the marriage, ensuring accurate valuation and equitable division may require formal discovery and potentially expert witnesses. The cost of litigation can be justified when protecting substantial assets.
Contested divorce may be necessary if you suspect your spouse is hiding assets or underreporting income. Discovery tools like subpoenas and depositions can uncover financial information that might not be voluntarily disclosed in an uncontested case.
Complex property division issues such as business ownership, professional practices, or multiple real estate holdings often require contested proceedings to ensure proper valuation and fair distribution. High-conflict custody disputes where parents have very different views about what’s best for the children may need a judge’s decision based on the best interests of the child standard.
If there’s a history of domestic violence, emotional abuse, or significant power imbalance in the relationship, proceeding through the court system with legal representation can help ensure your safety and that the divorce terms are fair rather than coerced. Financial inequality, where one spouse controlled finances or prevented the other from working, can also warrant a contested approach to ensure appropriate spousal support and property division.
It’s worth noting that even if you start with a contested divorce, the case can become uncontested if you and your spouse later reach an agreement. Starting as contested doesn’t mean you must go to trial; it simply means you’re prepared to have the court decide contested issues if necessary.
If you’re unsure whether your situation warrants a contested approach, Ryan Besinque can evaluate your circumstances and recommend the best strategy. Contact The Law Office of Ryan Besinque in Manhattan at (929) 251-4477.
New York uses equitable distribution to divide marital property in divorce. Under New York Domestic Relations Law § 236, marital property must be divided equitably, meaning fairly, though not necessarily equally.
The first step in property division is determining which assets are marital property subject to division and which assets are separate property that remain with one spouse. Marital property generally includes anything acquired during the marriage, regardless of whose name is on the title or account. This can include the marital home, vehicles, bank accounts, retirement accounts, pensions, and business interests. In cases filed on or after January 23, 2016, New York generally does not treat a spouse’s ‘enhanced earning capacity’ from a license/degree as marital property, though the underlying assets and income still matter for equitable distribution and support.
Separate property includes assets owned before marriage, inheritances received by one spouse, gifts made specifically to one spouse (not to both as a couple), and compensation for personal injuries (though lost earnings included in such compensation may be marital property). Property purchased with separate property funds can remain separate if properly documented and not commingled with marital funds.
When separate and marital property are mixed (called commingling), the property may become partially or entirely marital. For example, if you owned a house before marriage but paid the mortgage with marital income during the marriage, the increase in equity may be marital property even though the original ownership was separate.
Courts consider multiple factors when dividing marital property equitably. These include the length of the marriage, each spouse’s income and property at the time of marriage and divorce, each spouse’s age and health, the need for a custodial parent to remain in the marital home, the loss of inheritance or pension rights due to divorce, contributions each spouse made to acquiring marital property (including contributions as a homemaker), and the tax consequences of the proposed distribution.
The court has significant discretion in applying these factors. A fair division in one case might be 50-50, while in another case an equitable distribution might be 60-40 or even 70-30, depending on the specific circumstances.
Key Takeaway: New York divides marital property equitably (fairly) rather than equally. Courts consider factors including marriage length, each spouse’s income and property, contributions to the marriage, and the needs of any custodial parent. Separate property acquired before marriage or through inheritance generally stays with the original owner.
The Law Office of Ryan Besinque handles complex property division cases involving business valuations, real estate holdings, and retirement accounts. Contact Ryan Besinque in Manhattan at (929) 251-4477.
The cost of a contested divorce varies widely depending on multiple factors. Understanding what affects costs can help you budget and make informed decisions about how to proceed.
Attorney fees are typically the largest expense. Most Manhattan divorce attorneys charge hourly rates, which can range from several hundred to over a thousand dollars per hour, depending on the attorney’s experience and the firm’s reputation. The total attorney fees depend on how many hours your case requires. A case that settles after limited discovery might cost $10,000-$25,000, while a case that goes to trial can cost $50,000 or more.
Several factors affect the total cost:
Additional costs beyond attorney fees can include court filing fees (typically a few hundred dollars), service of process fees, deposition costs (court reporter fees), expert witness fees (business valuators, real estate appraisers, custody evaluators), and mediation fees if you attempt settlement through mediation.
The Law Office of Ryan Besinque offers a free initial consultation to evaluate your case and discuss likely costs based on your specific situation. Call (929) 251-4477 to schedule your consultation.
The Law Office of Ryan Besinque represents clients throughout Manhattan and the New York City area in contested divorce cases. We serve clients in all five boroughs and surrounding counties:
Our Midtown Manhattan office at 115 W 25th Street is conveniently located for clients throughout New York City. Ryan Besinque appears regularly at New York County Supreme Court at 60 Centre Street for contested divorce proceedings and at Manhattan Family Court at 60 Lafayette Street for custody and support matters. We also handle cases at family courts and supreme courts throughout the five boroughs.
In a contested divorce, you’re facing important decisions about your future, your finances, and possibly your children. The process involves complex legal procedures, strict deadlines, and financial disclosure requirements that can be difficult to tackle alone.
The Law Office of Ryan Besinque handles all aspects of contested divorce, from filing at the New York County Supreme Court to handling complex custody disputes at Manhattan Family Court. Ryan Besinque approaches each case by understanding the client’s goals and developing a strategy to achieve the best possible outcome, whether through settlement or trial.
Call The Law Office of Ryan Besinque at (929) 251-4477 for a free consultation. Our Midtown Manhattan office serves clients throughout Manhattan, Brooklyn, Queens, the Bronx, Westchester County, and Nassau County.
A contested divorce is a divorce where spouses cannot agree on one or more significant issues, such as child custody, child support, spousal support, or division of marital property. Because they cannot reach an agreement, the court must intervene to resolve the disputed issues. This doesn’t necessarily mean the case will go to trial. Many contested divorces are settled through negotiation, mediation, or settlement conferences before trial.
The timeline for a contested divorce varies widely. The New York court system aims to resolve cases within 12-18 months, but cases can take longer depending on complexity and cooperation level. After filing, you have 20-30 days for the Answer, 45-120 days to file the RJI and schedule a preliminary conference, and typically 6 months for discovery. If the case proceeds to trial, it may take an additional 6-12 months to get a trial date and receive a decision. Cases that settle during discovery can be resolved faster.
In an uncontested divorce, both spouses agree on all major issues, including custody, support, and property division. They submit their settlement agreement to the court for approval. In a contested divorce, spouses disagree on at least one significant issue and need the court to help resolve disputes. Uncontested divorces are typically faster and less expensive, but contested divorces may be necessary when spouses cannot agree or when complex asset division or custody disputes require court intervention.
New York allows both no-fault and fault-based grounds for divorce. The most common ground is the no-fault ground under NY DRL § 170, which requires stating under oath that the marriage has been irretrievably broken for at least six months. Fault-based grounds include cruel and inhuman treatment, abandonment for one year, imprisonment for three consecutive years, adultery, and living separate and apart for one year following a separation agreement or court order.
Yes, most contested divorces in Manhattan settle before trial through negotiation, mediation, or settlement conferences. Even when cases start as contested with significant disagreements, many spouses reach an agreement once they have complete financial information through the discovery process. Settling gives you more control over the outcome and is typically faster and less expensive than going to trial. Ryan Besinque works to achieve a settlement when it serves the client’s interests while remaining prepared for trial if necessary.
Discovery is the phase where both spouses exchange complete financial information and gather evidence. This includes answering written questions (interrogatories), producing financial documents like tax returns and bank statements, completing a detailed Statement of Net Worth, participating in depositions where you answer questions under oath, and potentially subpoenaing records from third parties like banks or employers. New York courts require full financial disclosure to ensure fair property division and support awards.
Equitable distribution means marital property must be divided fairly, though not necessarily equally. The court considers factors including length of marriage, each spouse’s income and property, contributions each spouse made (including as a homemaker), the needs of a custodial parent, and tax consequences. The court has discretion to divide property in whatever manner it deems fair based on all circumstances. A 50-50 split is common but not required. The division might be 60-40 or any other split the court finds equitable.
While you can represent yourself in a contested divorce, having an attorney is highly advisable. Contested divorces involve complex legal procedures, strict deadlines, financial disclosure requirements, and potentially trial preparation. An attorney can ensure you meet all deadlines, properly complete required financial disclosures, identify hidden assets, develop negotiation strategies, and present your case effectively in court if necessary. The decisions made in your divorce will affect your financial future and potentially your relationship with your children, making experienced legal representation a valuable investment.
Contested divorces in Manhattan are filed in the New York County Supreme Court located at 60 Centre Street, New York, NY 10007. If your case involves child custody or support issues, those matters may also be handled by Manhattan Family Court at 60 Lafayette Street, New York, NY 10013. The New York County Clerk’s Office handles filing of divorce papers and other court documents.
A Request for Judicial Intervention (RJI) is a form filed with the court to request that a judge be assigned to your case. In a contested divorce, the RJI must be filed within 45 days of serving the divorce papers (or 120 days if both parties file a Notice of No Necessity). Filing the RJI triggers the scheduling of a preliminary conference where the judge sets deadlines for discovery, addresses temporary issues like support, and encourages settlement discussions.
Yes, contested divorces can become uncontested if the spouses later reach an agreement on all disputed issues. This often happens after discovery is complete and both sides have full financial information. Once you reach a settlement agreement, you can submit it to the court for approval, and the judge will review it to ensure it’s fair and complies with New York law. The case then proceeds like an uncontested divorce for the final judgment.
A Statement of Net Worth is a detailed financial disclosure form required in all contested New York divorces. It lists all your income (from all sources), monthly expenses broken down by category, assets (bank accounts, real estate, retirement accounts, etc.), and debts. You must file this form with the court and provide a copy to your spouse at least 10 days before the preliminary conference. The form must be accurate and complete because it forms the basis for decisions about support and property division.
If you are served with divorce papers in person in New York, you must file your Answer within 20 days. If you are served by another method or served outside of New York, you typically have 30 days to respond. If you don’t file an Answer within the required time, your spouse can seek a default judgment, which means the court can grant the divorce and make decisions about property, support, and custody without your input. Contact an attorney immediately if you’ve been served with divorce papers to ensure you meet the deadline.