Contested Divorce Attorney in Buffalo & Williamsville, NY

What Makes a Divorce “Contested”?

A divorce is contested when the spouses cannot reach agreement on one or more core issues: child custody and parenting time, child support, spousal maintenance (alimony), division of marital property and assets, allocation of marital debt, or exclusive use and occupancy of the marital home. The spouses do not have to disagree on everything — even a single unresolved issue can make a divorce contested.

Since New York adopted no-fault divorce in 2010, either spouse can file on the ground that the marriage has been “irretrievably broken” for at least six months (DRL §170(7)). This means fault — adultery, abandonment, cruel treatment — is rarely the reason a case goes to trial. Instead, contested divorces turn on financial and parenting disputes that require judicial resolution.

At Weinrieb Law, we prepare every contested case as if it will go to trial. That preparation is what allows us to negotiate from strength and, in most cases, achieve a settlement our clients would not have obtained otherwise.

The Contested Divorce Process in New York

The following is a general roadmap for a contested divorce in Erie County. Every case moves at its own pace depending on the court’s calendar, the complexity of the issues, and the parties’ willingness to cooperate.

1. Filing the Summons and Complaint — The plaintiff files with the Erie County Supreme Court and serves the defendant. The defendant has 20 days (personal service) or 30 days (other service) to file a Verified Answer, which may include counterclaims.
2. Temporary Relief — Either party may immediately move for temporary orders covering child custody, support, exclusive use of the home, and restraints on dissipating marital assets. Temporary orders govern the parties’ lives until a final judgment is entered.
3. Preliminary Conference — The court holds a mandatory preliminary conference within 45 days of filing to identify contested issues, set a discovery schedule, and issue a conference order.
4. Discovery — The parties exchange financial documentation: tax returns, pay stubs, bank and investment account statements, business records, retirement account statements, credit card statements, and appraisals. This phase often reveals hidden assets or income discrepancies.
5. Compliance Conference — The court reviews discovery progress and resolves any outstanding disclosure disputes.
6. Expert Retention — Complex cases may require forensic accountants to value a business, actuaries to value pension benefits, real estate appraisers, or vocational experts to assess a spouse’s earning capacity.
7. Certification and Pre-Trial Conference — Once discovery is complete, the parties certify readiness for trial. The court holds a pre-trial conference to narrow the issues and encourage settlement.
8. Trial — A non-jury trial before a Supreme Court Justice. Both sides present testimony, documents, and expert witnesses. The judge issues a Decision After Trial, followed by a Judgment of Divorce.

Most cases in Erie County resolve before trial — often at or after the pre-trial conference when both sides see the full evidence picture. But the cases that do go to trial require attorneys with genuine courtroom experience.