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Only a few cases require a divorce trial. However, you need to move through the litigation process while your attorney attempts to negotiate a favorable settlement. The New York contested divorce lawyers of Leeds Morelli & Brown are experienced litigators.
The litigation process starts with a Summons and Complaint. These documents start the legal process, state the grounds for the divorce and ask for relief including equitable distribution, maintenance and child custody and support. The Answer is the other party’s admission or denial of claims in the complaint.
In New York courts, the plaintiff will request a Preliminary Conference and a judge to supervise the case. The court will schedule a conference requiring the parties and their attorneys to attend. The judge will set deadlines for discovery and may resolve issues. If there are issues involving children, the court may appoint a Guardian to represent the children’s legal rights and may order a mental health examination. The court may also appoint an appraiser for the parties’ real estate and businesses.
Each party must provide a signed Net Worth Statement, which provides financial information. The parties must provide copies of tax returns, pension plans, life insurance policies, pay stubs and other financial information. Interrogatories are written questions requesting written answers to financial issues. You will also receive Requests to Produce Documents such as credit card information, partnership agreements, real estate documents, monthly brokerage statements, leases, etc.
In a Deposition, an attorney questions the adverse party under oath. The purpose is to find information regarding assets and standard of living.
Each party’s attorney may make a Motion to the court seeking relief. Motions may include a request for temporary maintenance and child support, custody, visitation, attorney’s fees, occupancy of the marital home, a temporary restraining order and/or an order of protection requiring an abusive spouse to stay away from the marital home or family members.
Near the end of the litigation, the court holds a Pretrial Conference to determine if the case is ready for trial. At the pretrial conference, the court will try to settle the case. If all negotiation fails, the case will proceed to Trial at which the parties and their witness will offer testimony and exhibits. The judge at the conclusion of the trial will write his or her decision in an Order.
At Leeds Morelli & Brown, we try to accommodate as many of our clients’ legal needs as possible. This builds trust and provides value to the client in many ways. Our firm has earned a reputation for our litigation skills, which allows us to settle many cases out of court because other attorneys don’t want to face us in a court room. Our reputation benefits us in family law and divorce cases.
Contact an experienced Long Island, N.Y., divorce lawyer at the law firm of Leeds Morelli & Brown. We serve clients in the New York City metropolitan area, including midtown Manhattan, Nassau County and Suffolk County. Call us at 1-800-585-4685 or 516-873-9550.