When Your Divorce Becomes a Battle — We’re Ready to Fight for You
Going through a divorce is never easy. Specifically, when you and your spouse cannot agree on important issues such as child custody, child support, spousal support or equitable distribution.
Having a strong, experienced divorce lawyer by your side is very important. At The Law Office of Ramonita Cordero, we have over 35 years of experience representing clients in contested divorce cases across New York City, including the Bronx, Manhattan, Brooklyn, Queens, and Westchester.
We fight to protect your children, your finances, and your future — and we don’t back down in court.
What is a CONTESTED DIVORCE?
A contested divorce occurs when spouses are unable to agree on one or more key issues related to the dissolution of their marriage.
Common contested issues include:
- Custody and visitation: who will have legal and physical custody of the children, and the schedule for parenting time.
- Child support: determining the appropriate financial contribution from each parent for the child or children of the marriage, including enforcement and possible modifications.
- Spousal support (maintenance): whether one party is entitled to receive financial support during or after the divorce proceeding.
- Equitable distribution: how marital property, debts, real estate, retirement accounts, and businesses are fairly divided under New York law.
Because so much is at stake — your financial future, your parental rights, and your long-term stability — it is essential to have an experienced, strategic attorney advocating for you at every step.
📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com
Common Issues in a Contested Divorce
Here are some of the most common areas of disagreement in contested divorces:
Child Custody and Visitation
- Legal custody: Who makes decisions about the child’s education, health care, and religion.
- Physical custody: Where the child will live.
- The schedule of parenting time/visitation
- Holiday and vacation schedules
We help protect your parental rights and make sure your child’s best interests are represented.
Child Support
- How much support one parent pays the other
- Ensuring proper income is reported
- Enforcing existing support orders
- Modifying support if financial situations change
Property and Asset Division
New York is an equitable distribution state. This means the court divides marital property fairly
Marital property may include:
- Marital Residence
- Cars, Jewlery, Boats
- Bank accounts and investments
- Retirement accounts and pension accounts
- Businesses
- Debts; including credit cards, loans, etc.
The court may order the monied spouse to pay maintenance (formerly called alimony) to help the less monied spouse become financially stable especially in long-term marriages or where there is a large difference in the income of the parties. We will make sure the court sees the full financial picture, whether you are seeking or opposing support.
📞 (646) 440-4943
📧 rcordero@corderofamilylaw.com
Can I Request Temporary Reliefs During My Divorce?
Yes. During the pendency of a contested divorce, you can request what’s called interim relief, also known as temporary orders. These are court orders that provide legal protection or support while your divorce case is still pending.
Because divorce cases can take many months , sometimes even years, you should not have to wait until the end of the case to get the help or stability you need.
At The Law Office of Ramonita Cordero, we promptly file motions requesting temporary relief when needed, tailored to the specific circumstances of your case. These requests may include:
- Temporary custody and visitation: to establish a structured and secure parenting schedule while the case is pending
- Temporary child support: typically paid by the non-custodial parent to ensure that the children’s financial needs are met during the litigation
- Temporary spousal support to provide financial assistance to the less-monied spouse while the case proceeds, consistent with New York’s maintenance guidelines
- Exclusive use and occupancy of the marital residence: allowing one party to remain in the home and ensuring peaceful possession during the proceeding
- Orders of protection: in cases involving domestic violence or threats to personal safety
- Interim counsel fees: to ensure that both parties have access to legal representation, especially where one party controls the majority of marital assets
These temporary orders are typically issued after the court holds a conference or reviews written motion papers submitted by both parties. Once granted, they remain in effect until the court issues a final Judgment of Divorce or until further order.
If you require immediate support or legal protections during your divorce, contact us at (646) 440-4943
or via Email to rcordero@corderofamilylaw.com
We will take swift legal action to protect your rights and ensure you are not left at a disadvantage while your case is pending.
Step-by-Step: The Contested Divorce Process in New York
Step 1: Filing for Divorce
We prepare and file a Summons with Notices with the New York Supreme Court. This starts the case.
Step 2: Serving Your Spouse
Your spouse is legally served with the divorce papers by a third party.
📞 Need help getting started? Call (646) 440-4943
📧 Email: rcordero@corderofamilylaw.com
Step 3: Automatic Orders Go Into Effect
These prevent either party from:
- Selling or transferring property
- Closing bank accounts
- Canceling insurance policies
- Relocating with the children
Step 4: Preliminary Conference
A Preliminary Conference is the first scheduled court appearance in a contested divorce case filed in the New York Supreme Court. It is a mandatory procedural step that helps organize the case and set deadlines for the exchange of documents and the resolution of temporary issues.
At the Preliminary Conference, the court will:
- Identify all contested issues (e.g., custody, equitable distribution, spousal support)
- Set a schedule for the discovery process, including deadlines to exchange financial documents, appraisals, and witness lists
- Address temporary relief such as temporary custody, child support, or maintenance
- Order compliance with Automatic Orders and Financial Disclosure obligations
- Establish dates for future court appearances, settlement conferences, or hearings
Both parties and their attorneys must attend the Preliminary Conference. The court will issue a Preliminary Conference Order, which lays out the timeline and responsibilities for both sides going forward.
📞 If you’ve received notice of a Preliminary Conference or need legal representation in your divorce, call (646) 440-4943
📧 Email: rcordero@corderofamilylaw.com
We will guide you through every step of the process and ensure your rights are protected from day one.
Step 5: Discovery
Discovery is the formal legal process where both spouses exchange information and documents that are relevant to the divorce. It is a critical stage in any contested divorce case in New York, and it allows each party to obtain a full and accurate picture of the other’s financial circumstances, parenting capacity, and any other factors that affect the outcome of the case.
Discovery is essential to resolving disputes over:
- Equitable distribution of marital assets and debts
- Spousal support for the less-monied spouse
- Child support, including proper calculation of income
- Custody and visitation, especially if parenting ability or stability is in question
- Business ownership, hidden assets, or complex property division
At The Law Office of Ramonita Cordero, we use discovery strategically to uncover all relevant facts and protect our clients’ interests — whether negotiating a settlement or preparing for trial.
Types of Discovery Tools Used in Divorce Cases
During discovery, we may use any of the following methods to gather evidence:
- Net Worth Statement: Each party must complete and exchange a sworn financial disclosure form listing all assets, liabilities, income, and expenses.
- Demands for Documents: Requests for tax returns, bank statements, credit card statements, mortgage records, retirement account statements, business ledgers, and insurance policies.
- Interrogatories: Written questions that must be answered under oath, covering financial matters or facts relevant to custody and visitation.
- Depositions: Oral testimony given under oath outside of court, often used to question the opposing party or third-party witnesses.
- Subpoenas: Formal legal requests to obtain records from third parties (such as banks, employers, or healthcare providers).
- Appraisals and Valuations: We may retain experts to assess the value of real estate, businesses, or retirement accounts.
Why Discovery Matters
The information gathered in discovery is often the foundation for settlement negotiations and is absolutely essential for preparing a strong case for trial if no agreement is reached. Without full and accurate discovery, the court cannot properly determine child support, spousal support, or the fair division of marital property.
Failure to comply with discovery requests or court-ordered deadlines can result in court sanctions, including fines, exclusion of evidence, or adverse rulings.
📞 If you are facing a contested divorce and need a strong legal team to handle discovery and protect your financial interests, call us today at (646) 440-4943
📧 Or email: rcordero@corderofamilylaw.com
We will fight to make sure you receive everything you’re entitled to and uncover everything your spouse may be trying to hide.
We use discovery to build a strong case for settlement or trial.
Step 6: Settlement Discussions or Mediation
Most divorces settle before trial. We will always look for reasonable settlement opportunities — but only if they protect your rights.
Step 7: Trial (if needed)
If no agreement is reached, the case goes to trial. We prepare and present:
- Witnesses
- Expert reports (e.g., home appraisals or custody evaluations)
- Evidence supporting your position
The judge will make the final decisions.
Step 8: Judgment of Divorce
Once all issues are resolved, the judge signs a Judgment of Divorce. You are now legally divorced.
📞 Ready to take action? Call our office at (646) 440-4943
📧 Email: rcordero@corderofamilylaw.com
Frequently asked questions
How long does a contested divorce take?
The timing of a divorce proceedings it is based on different factors such as:
- How complex the issues are
- How much both parties cooperate
- The court’s calendar
How much does it cost?
It varies. A high-conflict case with multiple court hearings will cost more than a case that settles early. We are always upfront about costs — and we work hard to minimize unnecessary expenses.
Do I have to go to court?
Yes, likely. You’ll attend the Preliminary Conference, possibly depositions, and maybe a trial. But don’t worry — we’ll be with you every step of the way.
What if my spouse refuses to cooperate?
We will request court orders and use legal tools like subpoenas to get the information we need.
Can I request custody or exclusive use of the home?
Yes. We can ask the court for temporary custody or exclusive use of the marital residence while the case is pending.
Who pays spousal support in a contested divorce?
Spousal support is usually paid by the more-monied spouse to the less-monied spouse, based on New York’s statutory guidelines and other factors like the length of the marriage and financial need.
How is child support calculated in New York?
Child support is typically paid by the non-custodial parent and is based on a percentage of combined parental income, minus certain deductions. The number of children and other factors may affect the amount.
Can I request temporary custody or support while the divorce is pending?
Yes. You can request interim (temporary) relief for issues such as child custody, child support, spousal maintenance, and exclusive use of the marital home while the case is ongoing.
Can my spouse hide assets during a contested divorce?
It is illegal to hide assets. Through the discovery process, we can uncover hidden income or property using subpoenas, forensic accountants, and document demands. The court can penalize spouses who are dishonest.
Can a contested divorce be settled out of court?
Yes. While the case begins as contested, many couples eventually reach a settlement agreement through negotiation or mediation — often avoiding the need for a full trial.
How do I get started with a contested divorce?
The process begins with filing a Summons with Notices in Supreme Court. You should consult with an experienced divorce attorney to prepare and protect your rights from the outset.