Divorce With Court

Many individuals find themselves in court because they feel compelled to be there. It could be because their spouse refuses to participate in mediation, or it might be due to other unproductive behaviors.

If you've never been to court before, you might liken it to an emergency room. Even though you're dealing with health concerns, unless the medical staff deems it an emergency, the ER might not be the ideal solution for your health problems. That's why they invented urgent care centers.

In the context of a divorce, your urgent care facilities are your attorneys, negotiation, mediation, and collaborative divorce. However, there are times when escalation is necessary, and you have to stand your ground for the sake of your children's best interests or because of urgent financial issues. This is where the court fits in.

Even if you're pushed into going to court, the system is designed, with the assistance of your attorney and with the acceptance of the court's directions- which can sometimes be difficult-to allow your divorce to be resolved without it spiraling into a prolonged, three-year or more, derailed divorce.

You need to respond within a certain amount of time, usually less then 20 days, or your spouse may be able to take a default divorce. It may be a good idea to schedule a discovery call with our team to discuss the next steps forward.

If your spouse has stopped contributing financially and you're concerned about maintaining your living standards, it might be the right time to involve the court. The court can intervene to ensure that financial obligations are met, maintaining the 'status quo' during the divorce process.

It's general practice to file a notice of appearance (usually through an attorney) within 20 days of being served with divorce papers so as not to risk being in default.

I am sorry to hear about the difficult situation you are facing. Sometimes, the best solution (unfortunately) is to take legal action and go to court. However, there is a silver lining. The court has established automatic orders that aim to maintain the current state of things throughout the proceedings and prevent any bullying behavior. These orders are designed to preserve the status quo and avoid making major changes to the marital estate until the divorce is finalized unless the Court orders it. Here are the relevant provisions:

NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13 FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED A CONTEMPT OF COURT

PURSUANT TO the Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW § 236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR §202.16(a), and which shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties:

(1) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney's fees in connection with this action.

(2) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw

or in any way dispose of any tax deferred funds, stocks or other assets

held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court ; except that any party who is already in pay status may continue to receive such payments thereunder.

(3) ORDERED: Neither party shall incur unreasonable debts hereafter, including, but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with this action.

(4) ORDERED: Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.

(5) ORDERED: Neither party shall change the beneficiaries of any existing life insurance policies and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.

IMPORTANT NOTE: After service of the Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must ask the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.

Just because your divorce is heading to court does not mean you can not still resolve your case by settling. 95% of cases settle, so the odds are with you. Stay strong.

STAGE 1: GETTING STARTED

Statement of Net Worth

Initial Settlement Positions

Resolving Urgent Issues

STAGE 2: DISCOVERY

Preliminary Court Conference

Updated Settlement Positions

Formal Discovery Demands

Experts

Depositions

STAGE 3: OUT OF COURT SETTLEMENT

Final Attorney Negotiations

Mediation

Arbitration

STAGE 4: COURT SETTLEMENT

Proposed Parenting Plan

Statement of Proposed Disposition

Pre-Trial Conference

STAGE 5: COURT RESOLUTION

Trial

Appeal

It depends. It could be a few months to a few years or more unless you are in a derailed divorce, which is over three years long and may last over a decade.

Focus on what you can control. There is hope that even if you are going through a difficult divorce, it may resolve itself with the right attorneys, judges, and professionals involved in your case.

As of 2024, the cap for child support has been established at $183,000, and the cap for spousal support (maintenance) is $228,000. The court has the power to award support beyond this cap, taking into account various equitable factors. For a fundamental grasp of how these calculations are made, feel free to utilize the court's online calculator.

This is the stage in a divorce process where you gather information from your spouse which could be useful in getting your divorce ready for settlement or trial.

Common items you might collect during this discovery phase include:

•Statements from Banks

•Statements from Credit Cards

•Income Tax Return Documents

•W2s, 1099s, and K1s

•Investment Account Details

•Details of Retirement Accounts

Contested relocation cases are challenging for the children involved, parties, and the court. The court looks at a variety of factors to sanction the move, primarily determining if the relocation would enhance the child’s life economically, educationally, and emotionally. A recent case granting a relocation can be read here.