Saratoga Contested Divorce Lawyers
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
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The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.
– Joseph B.
They were so kind and caring throughout the whole experience. Walked with me through everything. They made a difficult and painful time more. I would recommend them to in a heartbeat. Best decision about the divorce I made.
– Kelli F.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.
– Melissa W.
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Experienced Saratoga Contested Divorce Lawyers
When facing a contested divorce in Saratoga, NY, the process can be complex and emotionally challenging. Contested divorces occur when spouses cannot agree on key issues like property division, child custody, or spousal support. These disagreements make the divorce process longer and more involved, requiring the guidance of experienced Saratoga contested divorce lawyers to navigate the legal system effectively.
Understanding Contested Divorce in Saratoga, NY
A contested divorce begins when one spouse files for divorce, and the other disagrees with the terms presented. This disagreement can be about various issues, such as how assets should be divided, who should have custody of the children, or whether spousal support should be provided. Because these matters are not easily resolved, the divorce becomes contested, meaning it must be settled through negotiations, and in some cases, a court trial.
Filing Divorce Documents
The contested divorce process starts with filing the necessary divorce documents in the appropriate court in Saratoga, NY. The spouse seeking the divorce, known as the petitioner, will file a complaint or petition that outlines the grounds for the divorce and the relief they are seeking, such as property division, child custody, and spousal support. This filing marks the official beginning of the contested divorce process.
Applying for Temporary Judicial Orders
After filing the divorce documents, either spouse may apply for temporary judicial orders. These orders can address immediate concerns, such as who will live in the family home, who will pay the bills, and temporary custody arrangements for children. Temporary orders help maintain stability and order while the divorce process is ongoing. These orders are not permanent but are crucial in protecting the interests of both parties during the proceedings.
Submitting the Proof of Service
Once the divorce documents have been filed, the petitioner must ensure that the other spouse, known as the respondent, is properly notified. This is done through a process called “service of process,” where the divorce papers are formally delivered to the respondent. The petitioner must then submit proof of service to the court to show that the respondent has been officially informed about the divorce action. This step is essential in moving the case forward, as the court cannot proceed without confirmation that both parties are aware of the legal proceedings.
Entering Into Settlement Talks
In many contested divorce cases, settlement talks occur before the case goes to trial. During these negotiations, both spouses, often with their attorneys, will attempt to reach an agreement on the disputed issues. Settlement talks can be a way to avoid the time, expense, and emotional strain of a court trial. If both parties can reach an agreement, the terms are put into a written settlement agreement, which is then submitted to the court for approval. However, if negotiations fail, the case will proceed to trial.
Trial If Needed
If settlement talks are unsuccessful, the contested divorce case will go to trial. During the trial, both parties will present evidence and arguments to the judge, who will then make decisions on the contested issues. Trials can be lengthy and complex, as they involve witness testimonies, cross-examinations, and legal arguments. The judge’s final decisions on matters such as property division, child custody, and spousal support will be based on the evidence presented during the trial. It is essential to have skilled Saratoga contested divorce lawyers representing your interests to ensure that your case is effectively presented.
Finalizing the Judgment
After the trial, the judge will issue a final judgment of divorce. This judgment legally ends the marriage and outlines the terms of the divorce, including how assets will be divided, custody arrangements, and any support payments. Once the judgment is issued, both parties are legally bound to follow its terms. Finalizing the judgment brings closure to the contested divorce process, allowing both parties to move forward with their lives.
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Avoiding Common Mistakes in a Contested Divorce in Saratoga, NY
Going through a contested divorce can be one of the most challenging experiences in a person’s life. In Saratoga, where emotions run high and legal proceedings can be complex, it is important to approach this process with caution and awareness. Many individuals make mistakes that can negatively impact the outcome of their divorce, leading to unfavorable settlements, prolonged proceedings, and unnecessary stress. Here, we will discuss some common mistakes people make during a contested divorce and how Mahserjian & Mahserjian-Ortiz, PLLC can assist you if you have questions about your contested divorce.
Not Understanding the Legal Process
One of the biggest mistakes people make in a contested divorce is not fully understanding the legal process. Divorce laws in Saratoga, NY, can be complicated, and failing to grasp the intricacies can lead to costly errors. For example, missing a court deadline or not properly preparing for hearings can severely hurt your case. At Mahserjian & Mahserjian-Ortiz, PLLC, we take the time to explain every step of the process to you, ensuring that you are well-informed and prepared to make decisions that are in your best interest.
Letting Emotions Drive Decisions
Divorce is an emotional experience, and it is easy to let feelings of anger, sadness, or frustration drive your decisions. However, making decisions based on emotions rather than logic can result in poor choices that have long-term consequences. For instance, refusing to negotiate or being unwilling to compromise can lead to drawn-out proceedings and increased legal costs. Our team at Mahserjian & Mahserjian-Ortiz, PLLC helps you stay focused on the bigger picture, offering guidance that is rooted in experience and a deep understanding of New York divorce law.
Failing to Protect Your Financial Interests
A contested divorce often involves complex financial issues, including the division of assets, alimony, and child support. Many individuals make the mistake of not fully understanding their financial rights or failing to properly document their financial situation. This can result in an unfair division of property or support arrangements that do not reflect your true needs. At Mahserjian & Mahserjian-Ortiz, PLLC, we work closely with you to protect your financial interests, ensuring that all assets are accounted for and that you receive a fair and equitable settlement.
Overlooking the Importance of Documentation
Proper documentation is key in a contested divorce, and failing to provide accurate and thorough records can harm your case. This includes financial records, communications with your spouse, and any evidence that supports your claims. Many people underestimate the importance of keeping detailed records, which can lead to misunderstandings and disputes in court. Our team at Mahserjian & Mahserjian-Ortiz, PLLC assists you in gathering and organizing the necessary documentation, helping to build a strong case that supports your position.
Frequently Asked Questions About Contested Divorce in Saratoga, NY
A contested divorce occurs when spouses cannot agree on one or more key issues such as child custody, division of assets, or spousal support. In contrast, an uncontested divorce is when both parties agree on all matters, allowing the process to move forward more smoothly. If you are facing disagreements in your divorce, it’s important to consult Saratoga contested divorce lawyers to understand your options and rights.
The duration of a contested divorce can vary significantly depending on the complexity of the issues and the willingness of both parties to negotiate. On average, a contested divorce may take several months to over a year. Each case is unique, and having a legal team experienced in handling contested divorces in Saratoga can help you navigate the process efficiently.
The most common issues that lead to a contested divorce include disagreements over child custody, division of marital property, alimony, and child support. When spouses cannot reach an agreement on these matters, the court may need to intervene to make decisions based on the evidence presented. Working with Saratoga contested divorce lawyers can help you build a strong case to protect your interests.
Yes, even during a contested divorce, it is possible to reach a settlement out of court. Many couples find that through mediation or negotiation, they can come to an agreement without the need for a trial. This can save time, reduce costs, and provide more control over the outcome. Your lawyer can guide you through these options and help facilitate discussions.
During a contested divorce, both parties will present their arguments and evidence in court. This may include witness testimonies, financial documents, and other relevant information. The judge will then make decisions on unresolved issues. The process can be stressful, but with the support of skilled Saratoga contested divorce lawyers, you can be better prepared for what lies ahead.
Protecting your assets in a contested divorce requires careful planning and documentation. It’s crucial to gather all relevant financial records, such as bank statements, property deeds, and investment portfolios. Discussing your situation with a Saratoga contested divorce lawyer can help you understand how to best protect your financial interests and ensure a fair distribution of assets.
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Saratoga Contested Divorce Client Story
This client story is for educational purposes only.
Mike felt lost and overwhelmed. He never imagined that his marriage to Anna, the woman he once loved deeply, would end in a contested divorce. Living in Saratoga, NY, he knew he needed help, but he wasn’t sure where to turn. The process was intimidating, and the emotional toll was heavy. Mike was afraid of losing everything he had worked so hard for—his home, his savings, and most importantly, the time he could spend with his children.
One evening, while scrolling through his phone, Mike found Mahserjian & Mahserjian-Ortiz, PLLC The firm had a reputation for handling contested divorces in Saratoga, NY. Desperate and feeling like he had no one else to talk to, Mike decided to give them a call. When Jean Mahserjian answered, Mike was surprised by how quickly he felt understood. Jean listened carefully to every detail of his story without interrupting, which made Mike feel like he was no longer alone in this battle.
As the weeks went by, Jean guided Mike through every step of the contested divorce process. There were tough days—days when Mike thought about giving up. But Jean was always there, ready to fight for him. She explained the legal steps in a way that Mike could easily understand, which made the whole process less scary. With her support, Mike felt more confident, knowing that he had someone in his corner who cared about his future.
When Mike had to face Anna in court, he was nervous, but Jean’s calm presence and thorough preparation gave him the strength to stand up for what was right. Jean knew exactly how to present Mike’s case, making sure his voice was heard. She worked hard to protect his rights, and after a long and difficult journey, the divorce was finally settled in Mike’s favor.
Looking back, Mike realized that calling Jean was the best decision he had made. Jean Mahserjian wasn’t just his lawyer; she was his guide through one of the hardest times in his life. Thanks to her, Mike was able to start a new chapter, knowing that he had done everything he could for his children and himself.
Contact Mahserjian & Mahserjian-Ortiz, PLLC for Saratoga Contested Divorce Lawyers
Facing a contested divorce can be one of the most challenging times in your life. The uncertainties about your future, your children, and your financial stability can feel overwhelming. Mahserjian & Mahserjian-Ortiz, PLLC understands the complexities of contested divorces in Saratoga, NY, and is committed to standing by your side through every step of the process.
When you work with Mahserjian & Mahserjian-Ortiz, PLLC, you can trust that your case will be handled with the utmost care and dedication. The firm will work tirelessly to protect what matters most to you, including your children, your property, and your savings. Your goals and needs are the top priority, and you will receive personalized attention to ensure that your voice is heard.
If you or a loved one is facing a contested divorce in Saratoga, NY, don’t navigate this difficult journey alone. Contact Mahserjian & Mahserjian-Ortiz, PLLC, and take the first step toward securing a future where your rights and interests are fully protected.