How does a contested divorce proceed?
The sequence in Supreme Court is broadly:
- Filing — the action is commenced by summons, and the other spouse responds.
- Preliminary conference — the court sets a schedule and identifies the disputed issues.
- Financial disclosure — both spouses file a sworn Statement of Net Worth listing income, assets, debts, and expenses. This document does more work than anything else in a contested divorce.
- Discovery — exchanging documents, and where the assets require it, valuing a business, a pension, or real property.
- Motions — including temporary relief while the case runs.
- Settlement conferences — the point at which most cases resolve.
- Trial — only where issues genuinely remain.
What happens while the case is pending?
A divorce can take a year or more, and life does not pause for it. Either spouse can seek temporary relief — pendente lite — covering temporary maintenance, temporary child support, a temporary parenting schedule, who remains in the marital residence, and who pays which carrying costs.
Temporary maintenance is calculated under DRL §236(B)(5-a) using the same guideline formulas that apply to a final award.
These orders matter more than their name suggests. A temporary arrangement that runs for a year becomes the status quo, and courts are reluctant to disturb a schedule a child has settled into. Getting the temporary order right is often the most consequential early decision in the case.
What actually makes a divorce contested?
In practice it is usually one of four things:
- Valuation — a business, a professional practice, a pension, or a property nobody agrees on the worth of
- Custody — a genuine dispute about the parenting arrangement
- Maintenance — whether it is owed, and for how long
- Disclosure — one spouse does not believe the other has been honest about the finances
The fourth is the one that most reliably makes a case expensive, because it converts a negotiation into an investigation.
Do contested divorces go to trial?
Most do not. The great majority settle — sometimes at the courthouse door — and finish on the same paperwork as an uncontested divorce. Trial is expensive, slow, and hands the decision to someone who has known your family for a few hours.
That said, a case should be prepared as though it will be tried. Settlements are reached on the strength of the position behind them.
Frequently asked questions
How long does a contested divorce take in New York?
It depends on how many issues are disputed and how much valuation the assets require. A year is common; complex matters run longer. Cases narrow as issues settle, and most resolve before trial.
Can a contested divorce become uncontested?
Yes, and most do. Once the open issues are resolved by agreement, the case is completed on uncontested papers.
What is a Statement of Net Worth?
A sworn financial disclosure listing income, assets, debts, and monthly expenses, required from both spouses. It is the foundation of every financial issue in the case, and inaccuracies in it cause serious problems later.
Do I have to appear in court?
In a contested case, yes — conferences and any motions require appearances. How many depends on how long the case remains contested.
Can I get support while the divorce is pending?
Yes. Temporary maintenance and temporary child support are available under DRL §236(B)(5-a), along with temporary custody and exclusive occupancy of the residence.
Related: No-Fault Divorce · Uncontested Divorce · Collaborative Divorce · back to Divorce
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539