Juan Luciano, Esq. Explains the Difficulties in Contested Divorce Cases
Manhattan, NY - Divorce is never just about ending an emotional relationship. Marriage is also a legal and financial relationship. Ending one can be particularly difficult when both parties can’t come to terms regarding how they will separate responsibilities to each other and their children and divide their assets. This type of divorce requires the skill of a contested divorce lawyer to navigate the issues and negotiate on their behalf, both with the other partner and before the court.
Juan Luciano, Esq., an experienced divorce lawyer in Manhattan, has guided many such couples through these difficult times. Although the state of New York is a “no-fault” divorce state, he realizes that no-fault in the legal sense doesn’t necessarily mean that the couple comes to the divorce with a no-fault frame of mind.
“Both parties usually come to a divorce with years of emotional issues and grudges. It can be a highly volatile time for some. While there are couples who can work through this with enough negotiation and mediation, some are just so firmly entrenched in their anger toward the other, or there are such exhaustive issues between them that the court must finally make the legal decisions for them. In some cases, one party doesn’t want the divorce, or the power balance between them is very lopsided. As divorce attorneys, although we believe that the couple does best when they can come to agreements between themselves, we realize that in some cases, a contested divorce is the only way forward. That is when we need to litigate.”
Many legal issues must be settled before a divorce can be finalized. There are matters of child support and custody, spousal support, and division of marital property. In some cases, one partner is at polar odds with the other, or assets have been hidden. There may be years of animosity between them, and it all comes to a head in a divorce. But regardless of the reasons for the divorce, the legal issues must be hammered out so the couple can go on separately with their lives. This way, legal responsibilities are set out so everyone is operating under the same rules and guidelines. When the couple can’t do this themselves, the court must intervene.
“When the judge makes decisions for a couple, it may not align with what either wants,” said Mr. Luciano. “The judge is making decisions based on legal principles and, if there are children involved, on the children’s best interests. The more control the parties have over their own future, the more likely they come out of the process with a compromise that both can live with. Once it goes to the court, they have no more control, and they have to abide by the decisions made for them.”
During his 15 years as a contested divorce lawyer in New York City, Mr. Luciano has guided hundreds of clients through the challenging legal and emotional issues of a contested divorce. He has gone into more detail in his blog article at https://divorcelawfirmnyc.com/new-york-contested-divorce-lawyer/. Those interested can learn more about him and his practice at https://divorcelawfirmnyc.com/.
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