If my husband recently filed for divorce and I contested it, what do I do now?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband recently filed for divorce and I contested it, what do I do now?

Do I have to request a hearing?

Asked on July 26, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I hate to say this and I do not mean to be sarcastic in any way but you should seek help from an attorney in your area.  If you are contesting the divorce then the matter is going to go to trial and that is not an easy endeavor for a lay person.  Matrimonial actions are very vicious and cut throat and trial work is long and exhausting.  And you also would have to learn the law on the matter.  As for procedural issues like filing for a hearing or a preliminary conference, many times the filing of an answer triggers the court to schedule a conference.   Click on this link and just review a little.  Good luck.     http://www.courts.state.ny.us/courthelp/

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The court at this juncture most likely will order you two to mediation to try and work out some if not all of your issues. A mediation for all intents and purposes is a settlement conference conducted by some one affiliated with the court system.

At mediation, property division (assets and liabilities) child custody, child support, spousal support and date of termination of the marriage will be discussed.

Some county bar associations have clinics to assist people in your situation gratis. You might want to look into this as an option for further help.

If the parties agree on some issues at mediation, a written agreement will be drawn up on agreed issues, signed by the parties and an order from the court issued. If the parties cannot agree on everything needed, then the matter goes to trial and the judge makes the decision for the people in the dissolution proceeding.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption