The Contested Divorce Process in New York

A contested divorce in New York occurs when the spouses cannot agree on one or more key issues — property division, custody, child support, or spousal maintenance. Unlike an uncontested divorce, which can be resolved through paperwork alone, a contested divorce follows a structured litigation process governed by New York Domestic Relations Law (DRL) Article 10 and the rules of the Supreme Court, which has exclusive jurisdiction over divorce cases in the state.

Contested divorces in New York are often lengthy, expensive, and emotionally taxing. Understanding the process — from filing through trial — helps you set realistic expectations and make informed decisions at each stage. This article walks through the key phases of a New York contested divorce.

Filing: Summons with Notice vs. Summons and Complaint

A contested divorce in New York begins with a filing in the Supreme Court of the county where either spouse resides. The plaintiff (the spouse initiating the divorce) has two options:

Summons with Notice. This is the simpler filing method. The summons notifies the other spouse that a divorce action has been commenced and states the relief being sought (for example, equitable distribution, custody, or maintenance). It does not include a detailed complaint. The defendant then has 20 days to appear (or 30 days if served by means other than personal delivery). If the defendant wants to assert counterclaims, they must demand the complaint, and the plaintiff has 20 days to serve it.

Summons and Complaint. This filing includes a full complaint that sets out the grounds for divorce and the specific relief sought. It provides more detail upfront and is often preferred in complex cases where the plaintiff wants to frame the issues early.

In either case, the action must be properly filed with the county clerk, and an index number must be purchased. The filing fee varies by county but is typically around $210.

New York is a no-fault divorce state — since 2010, a spouse can allege that the relationship has been irretrievably broken for at least six months (DRL Section 170(7)). Fault-based grounds (such as cruel and inhuman treatment, abandonment, or adultery) still exist under the statute but are rarely used in practice because they require proof and do not significantly affect the outcome.

The Preliminary Conference

After the defendant files an answer (or the time to answer expires), the court schedules a preliminary conference. This conference, governed by 22 NYCRR Section 202.16, is a critical early step in a New York contested divorce.

At the preliminary conference, the judge or court attorney:

• Identifies the contested issues (property, custody, support, counsel fees)
• Sets a discovery schedule with deadlines for document exchange, depositions, and expert reports
• Addresses any immediate needs, such as temporary maintenance or temporary custody
• Issues a preliminary conference order that serves as the case management roadmap

Both parties are required to file a Statement of Net Worth at or before the preliminary conference. This sworn document discloses all income, expenses, assets, and liabilities. It is one of the most important documents in a New York divorce because it forms the factual basis for financial negotiations and court determinations throughout the case.

Failing to file a complete and honest Statement of Net Worth can result in sanctions, adverse inferences, and a loss of credibility with the court.

Discovery

Discovery is the fact-finding phase of the contested divorce. It allows each side to obtain financial documents, depose witnesses, and gather evidence relevant to the contested issues. New York discovery in divorce cases typically includes:

Document demands. Each party can require the other to produce financial records, including tax returns, bank statements, brokerage statements, business records, real estate documents, and retirement account statements. The scope of discovery is broad, and courts generally require full financial disclosure.

Interrogatories. Written questions that the other party must answer under oath. These are used to clarify financial details, establish timelines, and identify witnesses.

Depositions. Sworn, in-person questioning of the parties and sometimes third-party witnesses (such as business partners, accountants, or financial advisors). Depositions are particularly important in cases involving business valuation, hidden assets, or disputed income.

Subpoenas. Either party can subpoena records from banks, employers, brokerages, or other third parties.

Expert retention. In complex cases, parties may retain forensic accountants, business valuators, real estate appraisers, or custody evaluators. Expert reports are typically exchanged during the discovery phase.

Discovery disputes are common in contested divorces. If one party fails to comply with discovery demands, the other can file a motion to compel. Courts in New York take discovery obligations seriously and may impose penalties for non-compliance, including preclusion of evidence, monetary sanctions, or adverse inference instructions at trial.

For a broader understanding of what discovery and litigation look like in a divorce, see our guide on contested vs. uncontested divorce.

Motion Practice

Motions are formal requests asking the court to make a ruling on a specific issue before trial. Common motions in a New York contested divorce include:

• Pendente lite motions requesting temporary maintenance, temporary child support, interim counsel fees, or exclusive occupancy of the marital residence during the case
• Motions to compel discovery when the other party fails to provide required documents
• Motions for protective orders to seal financial records or limit the scope of discovery
• Motions for sanctions when a party violates court orders or acts in bad faith
• Motions for summary judgment on discrete issues that can be resolved without trial (relatively rare in divorce cases)

Pendente lite motions are especially important because they establish the financial and custodial status quo while the case is pending. The temporary maintenance formula under DRL Section 236(B)(5-a) provides a calculation based on the parties’ incomes, giving courts a guideline for interim support.

Mandatory Settlement Conferences

New York courts strongly encourage settlement and require the parties to participate in settlement conferences before a case proceeds to trial. These conferences are held before a judge (often a different judge from the one who will preside at trial) and provide an opportunity for structured negotiation.

During settlement conferences, the judge:

• Reviews the financial disclosures and contested issues
• Provides an informal assessment of how the court might rule on key issues
• Encourages compromise and identifies potential settlement terms
• May schedule multiple conferences over several months

Many contested divorces settle during this phase. The judge’s informal assessment can serve as a reality check for both parties, making it easier to reach agreement on issues that seemed intractable earlier in the case.

If the parties cannot settle, the case is certified as ready for trial and placed on the trial calendar.

Trial

If settlement fails, the case proceeds to a bench trial (there are no jury trials in New York divorce cases). At trial:

• Both sides present opening statements
• Each party calls witnesses and introduces evidence (financial documents, expert reports, testimony)
• Cross-examination of witnesses occurs
• Both sides deliver closing arguments or submit post-trial memoranda

The judge then issues a decision addressing all contested issues, including equitable distribution, maintenance, child support, custody, and counsel fees. The decision is incorporated into the Judgment of Divorce, which formally ends the marriage.

New York divorce trials can last anywhere from one day to several weeks, depending on the complexity of the issues and the number of witnesses. Cases involving business valuation, hidden assets, or bitterly contested custody disputes tend to take longer.

Timeline Expectations

Contested divorces in New York are not fast. A realistic timeline looks something like this:

Complex cases involving substantial assets, business interests, or custody disputes can take longer. Cases in New York City courts, which carry heavy caseloads, may also experience additional delays.

For comparison, an uncontested divorce in New York can be completed in as little as three to four months. If there is any possibility of reaching agreement, divorce mediation or collaborative divorce may save significant time and expense.

What to Do Next

If you are facing a contested divorce in New York, preparation is your most valuable asset:

1. Organize your financial records. Gather tax returns, pay stubs, bank statements, investment account records, real estate documents, and business records for at least the last three years. You will need these for your Statement of Net Worth and discovery.
2. Understand the process. Knowing what to expect at each stage reduces anxiety and helps you make better decisions. Review our complete guide to divorce for broader context.
3. Identify your priorities. Contested divorce requires trade-offs. Determine which issues matter most to you — the house, custody, retirement assets, support — and be prepared to negotiate on less critical points.
4. Be honest in your disclosures. Courts penalize parties who hide assets or misrepresent income. Full transparency strengthens your credibility and avoids sanctions.
5. Retain an experienced New York divorce attorney. Contested divorces involve complex procedural rules, strategic motion practice, and high-stakes negotiation. Schedule a free consultation to discuss your case with an attorney who handles contested divorces in New York.

Frequently Asked Questions

What happens if we cannot agree on the terms of our divorce?

If spouses cannot reach agreement through negotiation or mediation, the case goes to trial. A judge will hear evidence and testimony from both sides and make decisions on property division, custody, and support. Trial is the most expensive and time-consuming option.

How long does a contested divorce trial take?

The trial itself may last only a few days, but scheduling a trial date can take 3 to 12 months depending on court backlogs. Including pretrial preparation, discovery, and motions, a contested divorce can take 1 to 2 years or more from filing to finalization.

What is the first step in getting a divorce?

The first step is filing a divorce petition with your local court. Before filing, gather important financial documents, understand your state’s residency requirements, and consider consulting a family law attorney to understand your rights and options.

How long does a typical divorce take?

An uncontested divorce can be finalized in as little as 30 to 90 days in some states. Contested divorces involving disputes over custody, property, or support often take 6 to 18 months or longer, depending on the complexity and court backlogs.