Litigation – Westchester New York

Until about 25 years ago, litigation was the only process available to couples seeking a divorce. This option takes place within the adversarial court system. For most couples, the adversarial system is not the best forum for dissolving a marriage; mediation or collaborative divorce is often the best option.

That being said, there are situations in which litigation is necessary.  Arnold will always do his best to help his clients avoid the courtroom. After an initial consultation, Arnold will advise you on which divorce process is the best fit for your circumstances. He will usually recommend litigation in one of the following three situations:

1. Domestic Violence or Serious Abuse.

When your spouse is guilty of domestic violence or serious abuse, then going to court to apply for an Order of Protection and/or filing a divorce action is often necessary to protect the health and safety of you and/or your children.

2. Unwillingness to Disclose Assets and Income

A settlement process like mediation or collaborative depends on the good faith of both spouses to be transparent about their finances and to be forthcoming with documents and information when reasonable requests are made for financial disclosure. If your spouse is unwilling to provide such disclosure, then you can get it by filing your divorce in court. There, each party’s counsel can obtain financial documents and information by serving demands for document production (Notices for Discovery and Inspection), asking questions (Interrogatories and Examinations Before Trial), and serving subpoenas, in addition to other procedures in New York Law (Article 31 of the CPLR).

3. Unreasonable Unilateral Withdrawals and Borrowing

If your spouse has abused you financially by withdrawing or borrowing substantial sums of money, or transferring assets, or is about to do so, without your prior knowledge and consent, you can put a stop to it by having your lawyer file with the court, and serve on your spouse, a Summons with Notice and Notice of Automatic Restraining Orders. Doing so should protect you financially and prevent marital assets and income from being depleted. If – after your attorney files and has your spouse served with such court papers – your spouse continues such financial abuse, then your spouse can be held it contempt of court and incarcerated for willfully violating the Notice of Automatic Restraining Orders.

For more information on when divorce litigation is necessary, click here.

Choosing a Divorce Litigator

If litigation is used, it is critical that the attorney be a good trial lawyer, aggressive when necessary, and well-versed in statutory and case law.

If divorce litigation is necessary, Arnold will fight for you in court to assure that your rights are protected. With your full knowledge and consent, he will partner with other professionals, including financial experts and outside counsel with expertise in other areas of law.