Law Office of Olga J. Rodriguez

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Contested Divorce Lawyer in Queens, NY

When your marriage reaches an impasse and peaceful resolution seems impossible, you need a skilled contested divorce lawyer who understands the complexities of Queens family court. The Law Office of Olga J. Rodriguez provides dedicated legal representation for spouses facing contentious divorce proceedings throughout Queens, NY. With over 20 years of experience practicing family law since 2001, attorney Olga J. Rodriguez brings comprehensive knowledge of New York divorce law and local court procedures to protect your rights and secure favorable outcomes.

Located in Forest Hills on Queens Boulevard, our firm serves families across Queens neighborhoods including Astoria, Flushing, Jackson Heights, Kew Gardens, and Rego Park. We understand that contested divorces involve high emotions, complex financial issues, and challenging custody disputes that require aggressive advocacy and strategic legal planning.

For a free consultation, contact us online, or give us a call at 347-455-9360 today!

Why Choose a Local Contested Divorce Attorney in Queens

Queens County matrimonial cases are heard at the Supreme Court located at 88-11 Sutphin Boulevard in Jamaica, NY. Having a local contested divorce lawyer who regularly appears before Queens judges and understands local court procedures can significantly impact your case outcome. Attorney Olga J. Rodriguez has built relationships within the Queens legal community and knows how to navigate the specific requirements of the Jamaica Courthouse matrimonial part.

Our Contested Divorce Services Include:

Property Division and Asset Protection - Identifying, valuing, and dividing marital assets including real estate, retirement accounts, and business interests

Child Custody and Visitation - Fighting for your parental rights and developing custody arrangements that serve your children's best interests

Spousal Support and Maintenance - Advocating for fair alimony arrangements based on income, lifestyle, and marriage duration

High-Asset Divorce - Handling complex financial portfolios, business valuations, and hidden asset investigations

Understanding Contested Divorce in New York

A contested divorce occurs when spouses cannot agree on key issues such as property division, child custody, or spousal support. Unlike uncontested divorces, contested cases require court intervention and often involve extensive litigation. New York's equitable distribution laws govern how marital property is divided, while the best interests of the child standard determines custody arrangements.

Common Contested Issues Include:

Grounds for Divorce - Whether filing for no-fault or fault-based grounds such as adultery, abandonment, or cruel treatment

Marital vs. Separate Property - Distinguishing assets acquired during marriage from pre-marital or inherited property

Child Support Calculations - Ensuring accurate income assessment and proper application of New York's Child Support Standards Act

Custody and Parenting Time - Developing workable schedules that consider school districts, work arrangements, and children's activities

The Contested Divorce Process in Queens

Initial Filing and Service

The contested divorce process begins when one spouse files a Summons and Complaint in Queens County Supreme Court. The other spouse must be properly served and has 20-30 days to respond with an Answer, potentially including counterclaims.

Discovery and Financial Disclosure

Both parties must exchange financial information through Net Worth Statements, tax returns, bank records, and other documentation. This discovery phase often reveals hidden assets or income that impacts property division and support calculations.

Preliminary Conference and Case Management

Queens matrimonial judges schedule preliminary conferences to establish timelines, identify contested issues, and explore settlement opportunities. These conferences help streamline the litigation process and may lead to early resolution.

Trial and Final Judgment

If settlement negotiations fail, the case proceeds to trial where both sides present evidence and testimony. The judge will issue a final judgment addressing all contested issues and dissolving the marriage.

Protecting Your Financial Future During Contested Divorce

Queens residents face unique financial challenges during divorce, particularly regarding real estate values and cost of living considerations. Our firm works with forensic accountants, real estate appraisers, and business valuation professionals to ensure accurate asset assessment and fair distribution.

Key Financial Considerations:

Queens Real Estate Values - Properly valuing family homes in neighborhoods like Forest Hills, Bayside, or Fresh Meadows

Pension and Retirement Benefits - Dividing 401(k)s, pensions, and other retirement assets through Qualified Domestic Relations Orders (QDROs)

Business Interests - Valuing and dividing family businesses or professional practices

Tax Implications - Understanding the tax consequences of property transfers and support payments

Child Custody in Contested Queens Divorces

When parents cannot agree on custody arrangements, Queens Family Court at 151-20 Jamaica Avenue may become involved alongside the Supreme Court divorce proceedings. Our firm advocates for custody arrangements that consider children's school districts, extracurricular activities, and maintaining stability during this difficult transition.

Factors Courts Consider:

Best Interests Standard - Evaluating which parent can better provide for the child's physical, emotional, and educational needs

Parental Involvement - Reviewing each parent's historical role in childcare, school activities, and medical decisions

Stability and Continuity - Maintaining children's connections to their Queens schools, friends, and community

Co-Parenting Ability - Assessing each parent's willingness to support the child's relationship with the other parent

Alternative Dispute Resolution Options

Even in contested cases, mediation or collaborative divorce may help resolve specific issues without full litigation. Attorney Rodriguez can advise whether these approaches might benefit your situation while preserving your right to proceed to trial if necessary.

Frequently Asked Questions About Contested Divorce in Queens

How long does a contested divorce take in Queens?

Contested divorces typically take 12-18 months or longer, depending on case complexity and court schedules. Cases involving extensive discovery or trial proceedings may extend beyond two years.

Can I get temporary support during my contested divorce?

Yes, you can request temporary spousal support and child support through a motion for temporary relief. These orders provide financial stability while your case is pending.

What if my spouse hides assets during the divorce?

New York law requires full financial disclosure. If asset concealment is discovered, the court may award a larger share of marital property to the innocent spouse and impose sanctions.

Do I have to go to trial in a contested divorce?

Most contested divorces settle before trial through negotiation or mediation. However, being prepared for trial often strengthens your negotiating position.

How are custody decisions made in contested cases?

Queens judges consider multiple factors including each parent's relationship with the children, living arrangements, work schedules, and ability to provide stability and support.

Schedule a Confidential Divorce Consultation

Contested divorce proceedings require immediate attention to protect your rights and interests. Don't navigate this challenging process alone. The Law Office of Olga J. Rodriguez provides the aggressive advocacy and personalized attention your case demands.

Contact our Forest Hills office today at 347-455-9360 or visit our contact page to schedule a confidential consultation. Attorney Rodriguez will review your situation, explain your options, and develop a strategic approach to achieve the best possible outcome for your contested divorce case in Queens, NY.

For a free consultation, contact us online, or give us a call at 347-455-9360 today!