Contested Divorce Lawyer in New York City
Representing clients in contested matrimonial actions in New York Supreme Court — equitable distribution, spousal maintenance, child support, custody, and trial advocacy.
Overview
What This Practice Covers — and Who Needs It
A contested divorce is a matrimonial action where the spouses cannot agree on one or more of the issues that must be resolved — equitable distribution of marital property, spousal maintenance, child support, child custody and parenting time, allocation of marital debts, or the grounds for divorce itself. Contested divorces proceed through the New York Supreme Court and can involve preliminary conferences, extensive financial discovery, motion practice, settlement conferences, and ultimately trial. They are substantially more procedurally complex and time-consuming than uncontested divorces, and their outcomes materially affect the financial and family lives of both spouses for years to come.
Yazdi Law represents clients in contested matrimonial actions across New York City and the surrounding counties — in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, Suffolk County, and Westchester. Our practice covers the full procedural arc: preliminary strategy and filing decisions, preliminary conferences, financial disclosure and discovery, motion practice (including pendente lite applications for temporary maintenance and child support), settlement negotiation, and trial when settlement is not possible. Our matrimonial practice is led by Amirali Oloomiyazdi, Esq., who brings aggressive, knowledgeable representation to contested matters. Representation is available in English and Farsi. Contested divorce is a serious undertaking — call (917) 565-7286 to schedule a confidential consultation.
Legal Foundation
The Legal Framework
New York contested divorce practice is governed by Domestic Relations Law (DRL) Articles 10 through 13 and implemented through Supreme Court Uniform Rules for matrimonial actions at 22 NYCRR Part 202. The substantive framework has evolved substantially, with meaningful 2025 and 2026 developments affecting grounds for divorce, income caps for support calculations, and procedural filing requirements.
Residency and jurisdiction under DRL § 230
A New York divorce requires satisfaction of residency under DRL § 230. The one-year residency requirement applies if the parties married in New York, resided in New York as spouses, or the grounds for divorce occurred in New York. A two-year residency requirement applies if none of these connections exist. At least one spouse must satisfy the applicable requirement. Effective February 19, 2025, CPLR 515 also changed venue rules — divorce actions must now be filed in a county where one of the parties or a minor child resides, unless one party's address is subject to confidentiality.
Grounds for divorce under DRL § 170
New York recognizes seven grounds for divorce under DRL § 170, though most contested cases proceed under the no-fault ground at § 170(7) — irretrievable breakdown of the marriage for a period of at least six months. Fault-based grounds include cruel and inhuman treatment (§ 170(1)), abandonment for one year or more (§ 170(2)), imprisonment for three or more consecutive years after the marriage (§ 170(3)), and adultery (§ 170(4)). Separation-based grounds under §§ 170(5) and 170(6) were substantially modified by Chapter 673, Laws of 2025, which reduced the ‘living apart’ period from one year or more to six months or more pursuant to a judgment of separation or separation agreement. The vast majority of contested divorces in 2026 proceed under the no-fault ground, with contested issues focusing on the economic and custodial consequences rather than the grounds themselves.
Equitable distribution under DRL § 236(B)
New York follows an equitable distribution framework under DRL § 236(B) — marital property is divided fairly between the spouses based on statutory factors, not automatically 50/50. Under DRL § 236(B)(1)(c), marital property is all property acquired by either or both spouses during the marriage before commencement of the matrimonial action, regardless of whose name appears on title. Separate property under DRL § 236(B)(1)(d) — property acquired before marriage, inheritances, gifts from third parties, and personal injury compensation (except for lost earnings) — remains outside equitable distribution. The court considers 14 statutory factors at DRL § 236(B)(5)(d), including the length of the marriage, each party's age and health, contributions to the marriage (including homemaker contributions), the economic desirability of keeping certain assets intact, tax consequences, wasteful dissipation of assets, and acts of domestic violence.
Spousal maintenance under DRL § 236(B)(5-a) and (6)
Spousal maintenance (formerly alimony) is calculated under statutory guidelines. Temporary (pendente lite) maintenance under DRL § 236(B)(6) applies during the pendency of the action; post-divorce maintenance under DRL § 236(B)(5-a) applies after judgment. The formulas use two alternative calculations and the court applies the lower of the two: Formula A uses 30% of the payor's income minus 20% of the payee's income (or 20% of payor minus 25% of payee where the payor is also paying child support); Formula B uses 40% of combined income minus the payee's income. Effective March 1, 2026, the payor income cap for maintenance guidelines rose to $241,000 (up from $228,000). For payor income above the cap, the court has discretion based on statutory factors. Post-divorce maintenance duration is guided by statutory advisory duration ranges based on length of marriage.
Child support under the CSSA
Child support is calculated under the Child Support Standards Act at DRL § 240(1-b) for matrimonial actions (and FCA § 413 for Family Court). The basic child support obligation is the combined parental income multiplied by the statutory percentage based on the number of children — 17% for one child, 25% for two, 29% for three, 31% for four, and 35% or more for five or more children. Effective March 1, 2026, the combined income cap rose to $193,000 (up from $183,000). The basic obligation is then prorated between the parents in proportion to their incomes. Child care costs necessary for work, health insurance premiums for the children, and unreimbursed health expenses are prorated ‘add-ons’ on top of basic support. Child support continues until the child turns 21 under New York law, unless the child is earlier emancipated.
Automatic orders and financial disclosure
Upon commencement of a contested matrimonial action, automatic orders under 22 NYCRR 202.16-a take effect — restraining both parties from transferring, encumbering, or dissipating assets except in the ordinary course of business, and from changing beneficiary designations on life insurance and similar instruments. Mandatory financial disclosure under DRL § 236(B)(4) requires both parties to complete a sworn Statement of Net Worth detailing all assets, income, and debts. The Net Worth Statement was revised effective December 1, 2025 per 22 NYCRR 202.16(b) and is the foundation of financial discovery in every contested case.
How It Works
The Process, Step by Step
A contested divorce at Yazdi Law proceeds through the stages below. The actual timeline varies substantially based on complexity, the level of contention, whether the case settles at various stages, and the court's calendar. Typical contested divorces take between 12 and 24 months from commencement to judgment, though complex high-asset or high-conflict cases can extend longer.
Initial consultation and strategic planning
The first consultation covers the circumstances of the marriage, the nature and extent of contested issues, the marital and separate property at stake, income and earning capacity of each spouse, child-related issues, immediate safety concerns if any, and urgent protective needs (including whether temporary orders or protective orders are needed immediately). We discuss the realistic range of outcomes, the expected timeline and costs, and whether settlement or trial is the likely path. We do not promise outcomes; we give candid assessments of the strengths and challenges of the case.
Filing and service
A contested divorce is commenced by filing a Summons with Notice or a Summons and Verified Complaint in Supreme Court in a proper venue. Service on the defendant must be completed within 120 days of filing under CPLR 306-b. Automatic orders take effect upon service. If the defendant answers contesting issues or serves a counterclaim, the case proceeds as a contested action. If temporary relief is urgently needed — for maintenance, child support, custody, exclusive use of the marital residence, or protection from domestic violence — we file a Notice of Motion and Order to Show Cause with supporting affidavits immediately, sometimes on the same day as the summons.
Preliminary conference and scheduling
Shortly after joinder of issue, the court schedules a Preliminary Conference under 22 NYCRR 202.16(f). At this conference, the parties and counsel meet with the court to establish a schedule for discovery, identify the issues requiring resolution, and address any immediate matters (temporary orders, appointment of attorneys for the children in custody-contested cases, financial neutrals). The Preliminary Conference Order sets the case schedule and is binding on the parties.
Financial discovery
Financial discovery is often the most substantive and time-consuming phase of a contested divorce. Each party files a sworn Statement of Net Worth (revised December 2025). Document production, interrogatories, and depositions follow. Issues requiring particular attention include the classification of assets as marital or separate, valuation of businesses and professional practices, appraisal of real estate, identification of hidden assets or wasteful dissipation of marital property, tax returns and income analysis (especially for self-employed parties), and retirement account statements. In high-asset cases, forensic accountants, business valuation experts, and real estate appraisers are frequently retained as neutrals or by the individual parties.
Custody-related evaluation (where applicable)
For contested custody cases, the court often appoints an Attorney for the Children (AFC) under 22 NYCRR 7.2 to represent the children's interests, and in cases with significant mental health or psychological considerations, may appoint a forensic evaluator to assess the family and make recommendations. Custody-contested cases are evaluated under the best-interests-of-the-child standard, considering numerous factors including each parent's ability to provide a stable and nurturing environment, each parent's relative fitness, the relationships between the children and each parent, the children's preferences (with weight depending on age and maturity), continuity and stability considerations, and acts of domestic violence. These cases are emotionally demanding for everyone involved; we prepare clients carefully for every step.
Motion practice
Contested divorces frequently involve substantial motion practice — motions for pendente lite (temporary) relief (maintenance, child support, exclusive occupancy, counsel fees), motions to compel discovery, protective orders, motions in limine before trial, motions for summary judgment on discrete legal issues, and other applications. Well-prepared motion practice can shape the trajectory of the entire case, particularly pendente lite applications that establish the financial and custodial status quo during pendency.
Settlement conferences and negotiation
The court typically conducts settlement conferences at various points in the case, and parties often engage in direct negotiation, mediation, or collaborative discussions. The vast majority of contested divorces ultimately settle — the question is usually when and on what terms, not whether. Settlement can occur after the Preliminary Conference, during or after financial discovery, following pendente lite decisions that change each party's expected outcomes, or at any time before or during trial. Settlement is generally documented in a written Stipulation of Settlement or Opting-Out Agreement that is then incorporated into the final Judgment of Divorce.
Trial and judgment
Cases that do not settle proceed to trial before a Supreme Court justice — there is no right to jury trial in matrimonial actions. Contested trials typically address the contested issues identified during the case: equitable distribution, maintenance, custody, child support, and allocation of debts. We prepare clients for trial testimony, manage expert witnesses, and present documentary evidence. Following trial, the court issues a written decision that is then embodied in the final Judgment of Divorce. Post-judgment motions (for reargument, to enforce provisions, or to modify later based on changed circumstances) are available in appropriate circumstances.
What to Watch For
Common Challenges and How We Address Them
Contested divorces face recurring challenges that sophisticated counsel anticipates and addresses.
Hidden or dissipated assets
Some contested divorces involve spouses who attempt to hide assets, transfer them to third parties, or dissipate marital property before the automatic orders take effect or in violation of them. Forensic investigation — tracing transactions through bank and brokerage statements, analyzing tax returns for undisclosed income, examining business records for unusual transactions — is sometimes necessary. Under DRL § 236(B)(5)(d)(12) and (13), wasteful dissipation and transfers without fair consideration made in contemplation of a matrimonial action are express statutory factors the court considers in equitable distribution.
Income complexity for self-employed parties
For self-employed parties, business owners, and those with complex compensation structures (equity grants, deferred compensation, bonuses), accurate income determination requires detailed financial analysis. Business income may include perquisites and deductions that are effectively personal compensation. Tax returns alone are often insufficient; we coordinate with forensic accountants in cases warranting that level of analysis. Income overstatements by one party and understatements by the other are common and must be addressed with documentary evidence.
High-conflict custody
Contested custody cases generate the most emotional intensity in contested divorces. Approaches that work in financial discovery (aggressive confrontation) can backfire in custody evaluations. We counsel clients carefully on behavior during the pendency — social media conduct, communications with the other parent, interactions with children — because custody evaluators and judges watch these closely. At the same time, parents with genuine concerns about the other parent's fitness (substance abuse, untreated mental illness, domestic violence, neglect) need advocacy for protective orders and appropriate evaluation.
Marital home and exclusive use
Disputes over the marital residence are among the most immediate practical concerns in contested divorces. Pendente lite applications for exclusive use and occupancy under DRL § 234 are often decided early in the case based on showings of domestic violence, the needs of the children, or other grounds. Long-term disposition of the residence (sale, transfer to one spouse, deferred sale until children emancipate) is addressed through equitable distribution and is often a significant negotiating point.
Counsel fees and access to litigation resources
DRL § 237(a) creates a presumption that the less-monied spouse is entitled to an award of counsel fees from the more-monied spouse to ensure meaningful access to the litigation. Well-prepared pendente lite applications for counsel fees can level the playing field early in contested cases where the parties have materially disparate financial resources. This is particularly important in cases involving spouses with limited independent income and resources.
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Costs and What's Included
Contested divorces at Yazdi Law are typically handled on a retainer-and-hourly fee arrangement set at the initial consultation and detailed in a written retainer agreement before any work begins. The retainer amount and hourly rate depend on case complexity, anticipated scope, and the specific contested issues. Contested divorces involving substantial marital estates, business valuations, custody disputes, or high-conflict dynamics require larger retainers. In some circumstances, less-monied spouses may qualify for interim counsel fee awards from the more-monied spouse under DRL § 237(a), though the initial retainer is typically required from the client.
Court filing fees are separate from attorney fees and include the initial Index Number purchase ($210 in Supreme Court), Request for Judicial Intervention fee ($95), Note of Issue filing fee ($30), and other court fees depending on motion practice and trial length. Expert witness fees (forensic accountants, business valuators, real estate appraisers, custody evaluators) are additional where retained. Process server fees, deposition transcript costs, and other litigation expenses apply.
Representation typically includes complete case evaluation and strategic planning, preparation and filing of the Summons and Complaint or Answer/Counterclaim, service coordination, preparation of the Statement of Net Worth and financial disclosure coordination, Preliminary Conference appearance and strategy, discovery management (document demands, depositions, subpoenas), pendente lite motion practice, settlement negotiation, trial preparation and representation, and post-judgment work through entry of the final Judgment of Divorce. Initial consultations are confidential; we discuss whether contested divorce is the right path for your situation and what realistic outcomes look like.
FAQ
Frequently Asked Questions
How long does a contested divorce take in New York?
Will my spouse and I have to go to trial?
Can I get temporary support while the divorce is pending?
How is property divided in a New York contested divorce?
Schedule a Consultation
If you are considering filing for contested divorce, have been served with a divorce action, or need representation in an ongoing matrimonial proceeding, call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are confidential. Representation is available in English and Farsi. Contested divorce is a consequential undertaking — the decisions made at the outset shape the entire arc of the case, and experienced counsel should be involved early.
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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. New York matrimonial law evolves through case law and statutory amendment; the principles and figures discussed reflect the state of the law as of the date of publication, including the March 1, 2026 income cap adjustments and Chapter 673, Laws of 2025 amendments to the separation-based grounds for divorce. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.