Contested Divorce Representation & Legal Guidance on Long Island

Aggressive Representation for High-Conflict, High-Stakes Divorce Cases in Nassau & Suffolk County

When your divorce involves serious disagreements including child custody, child support, spousal maintenance, property division, or financial misconduct, you need a contested divorce lawyer who knows how to protect your rights from day one. At Hornberger Verbitsky, P.C., our experienced Long Island contested divorce attorneys represent clients throughout Nassau County and Suffolk County, NY, delivering strategic counsel and strong courtroom advocacy when negotiation alone is not enough.

A contested divorce is never simple, but the right law firm can make the process clearer, more controlled, and more favorable for your future. Our team combines deep knowledge of New York divorce law with the personalized attention you need during one of the most challenging times in your life.

What Is a Contested Divorce?

A divorce becomes “contested” when you and your spouse cannot reach an agreement on one or more major issues, including:

• Child custody and parenting time
• Child support
• Spousal maintenance (alimony)
• Equitable distribution of property, assets, and debts
• Division of businesses, retirement accounts, and high-value assets
• Fault allegations such as abandonment, cruelty, or financial wrongdoing

While some law firms try to “push” every divorce into mediation or quick settlement, we understand that not all divorces can or should be settled out of court. When your rights, finances, children, or future security are at stake, having a seasoned family law litigation counsel experienced in Nassau or Suffolk County courts becomes essential.

Why Hire Hornberger Verbitsky, P.C. for Your Contested Divorce?

Choosing the right contested divorce law firm on Long Island can be the difference between a fair outcome and years of financial and emotional hardship. Our firm is built specifically to manage and win high-conflict divorce cases.

Everything You Need to Know About Contested Divorce on Long Island, NY

Divorce is never easy, but when spouses cannot agree on key issues, the process becomes what New York divorce law calls a contested divorce. These cases can become complex when spouses disagree on custody disputes, support, or division of property. These cases require a skilled legal advocacy to protect your rights and ensure a fair outcome.

At Hornberger Verbitsky, P.C., our experienced attorneys are skilled at guiding our clients through the complex contested divorce process in Nassau County and Suffolk County Supreme Court. We fight for child custody, child support, spousal support (alimony) and property division results that safeguard your present and your future. We protect your rights and pursue fair custody, support, and asset division outcomes. We are skilled litigators, negotiators and utilize alternative dispute resolution methods like divorce mediation or collaborative divorce when possible to minimize stress and secure results that safeguard your and your family’s future.

Key Differences Between Contested & Uncontested Divorces

Uncontested divorces resolve all terms by agreement, often concluding within weeks or months and with minimal attorney fees. On the other hand, contested divorce cases require discovery, motion practice, and possibly trial. Unfortunately, these requirements tend to drive the costs and timelines of contested divorces from weeks to months.

To prepare our contested divorce clients for the road ahead, we regularly prepare detailed budgets and litigation plans for our clients, showing how contested matters can multiply legal fees when forensic accounting, custody evaluations, or expert witnesses are necessary.

Discovery in contested cases frequently means producing 3-10 years of tax returns, bank statements and retirement histories; temporary orders for support or parenting time are often sought within 30-90 days. In one matter we uncovered $48,000 of undisclosed income through forensic review, which shifted support calculations and led to a better settlement for our client, illustrating how a detailed investigation can dramatically change the outcome of your case.

Common Issues in Contested Divorce

Child Custody & Parenting Time

Nassau County and Suffolk County Family Courts must by New York state law evaluate child custody issues based on the “best interests of the child.” We help clients build strong parenting plans, fight for equal parenting time, or protect children in cases involving abuse or neglect.

At Hornberger Verbitsky, P.C., we build custody strategies around specific best‑interest factors, including the child’s age, daily caregiving history, school stability, any abuse allegations, and the child’s demonstrated preference, using school records, pediatric notes, and witness statements. In one Nassau County matter, we secured shared physical custody and a 50/50 parenting schedule after documenting two years of equal caregiving and proposing a detailed transportation and holiday plan acceptable to the court.

Child Support & Spousal Maintenance

Disputes over child support and spousal maintenance (alimony) are common. We ensure that calculations reflect actual income and circumstances, including hidden income or complex assets.

Child support follows CSSA percentages (17% one child, 25% two, 29% three) and applies to combined parental income; spousal maintenance is guided by statutory formulas and can be temporary or post‑divorce. We scrutinize wages, bonuses, partnership draws, and corporate distributions, and suggest courts in Nassau and Suffolk to impute income when a spouse intentionally under-reports earnings so your support reflects real financial capacity.

Temporary pendente lite support often keeps your household stable while your contested divorce case proceeds. Post‑judgment maintenance durations are frequently tied to the length of the marriage. We seek enforcement of unpaid support orders through wage garnishment, contempt motions, tax intercepts, or liens on assets when necessary. This can be a critical part of the divorce process that helps maintain financial security while your divorce matters are pending.

Property Division

New York follows equitable distribution rules, which do not always mean a 50/50 split of marital property. Our attorneys fight for a your fair share of assets such as real estate, businesses, pensions, and retirement accounts.

Custody, support, and property division create the bulk of contested disputes we handle. Nassau County and Suffolk County Family and Supreme Courts apply the child’s best interests standard, the New York Child Support Standards Act percentages (17% for one child, 25% for two, 29% for three), and equitable distribution rules for assets like real estate, businesses, and retirement accounts. Many cases require forensic accounting, parenting evaluations, and expert testimony, and typically last six months to over a year depending on complexity.

How to Protect Your Custody and Parenting Time

We build custody strategies around specific best‑interest factors, including the child’s age, daily caregiving history, school stability, any abuse allegations, and the child’s demonstrated preference, using school records, pediatric notes, and witness statements. In one Nassau County matter, we secured shared physical custody and a 50/50 parenting schedule after documenting two years of equal caregiving and proposing a detailed transportation and holiday plan acceptable to the court.

Your Rights and Entitlements in a Contested Divorce

Many clients ask, “What am I entitled to in a contested divorce?” The answer depends on your role in the marriage, your income, assets, and the needs of your children. You may be entitled to:

• Primary or joint custody
• Child support and/or spousal maintenance
• A share of marital property, including real estate, pensions, and investments
• Protection against unfair debt assignments

We outline the rights you can enforce: custody (primary or joint), child support under the CSSA, spousal maintenance under New York’s statutory formulas, and equitable distribution of marital property including real estate, businesses, pensions, and investments. We also pursue temporary orders for support or exclusive occupancy and fight improper debt assignments or hidden-asset schemes through discovery.

Protecting Your Custody Rights in Nassau and Suffolk

We push for the custody arrangement that protects your child’s stability: legal custody for decision-making, and parenting time tailored to school, extracurriculars, and work schedules, parental fitness, history of caregiving, and any abuse allegations. Nassau and Suffolk courts often weigh a child’s preference around age 12. We gather school records, calendars, and witness statements. In one Nassau case we secured equal parenting time after presenting six months of documented shared care and consistent communication logs.

Protecting Property and Financial Rights in Contested Divorce

We identify marital versus separate assets, trace commingled funds, and value real estate, businesses, and retirement accounts for equitable distribution. New York does not presume a 50/50 split. The length of the marriage, contributions, and future needs shift shares regularly. To protect your financial entitlements, we obtain appraisals, retirement statements, and business valuations and use subpoenas and forensic accounting where income appears hidden.

We pursue QDROs to divide ERISA and non ERISA pensions, calculate the marital share based on accrual during the marriage, and litigate valuation dates. We sometimes use the separation date and other times the trial date to capture appreciation. Temporary pendente lite relief can award you exclusive use of the home or interim support. We also challenge proposed debt allocations if credit or liabilities were incurred primarily for the other spouse’s benefit.

Steps to Take When Facing a Contested Divorce

If your spouse has filed for divorce, or if negotiations have broken down, it’s important that you take immediate steps to protect your rights and assets:

1. Consult with an attorney experienced with contested divorce litigation before signing anything.
2. Gather financial records: tax returns, bank accounts, retirement statements.
3. Protect your children’s routine and avoid discussing the case with them.
4. Avoid major financial changes (selling property, moving funds).
5. Document all communication with your spouse.

Taking these actions early can significantly impact the outcome of your divorce litigation.

Start by securing experienced legal counsel and stabilizing your financial and parenting routines. We recommend contacting an experienced divorce trial attorney within 7 days of being served. Be sure to preserving all important records (tax returns, bank statements). Keep a detailed calendar of parenting time and communications. Limit joint-account activity and avoid large transfers of money or assets. Document any threats or harassment with dates and screenshots, if possible. We’ve seen cases move from months to years when these initial steps are delayed, so act promptly to protect your position.

Immediate Actions to Protect Yourself in Contested Divorce

Contact an experienced Long Island contested divorce attorney before signing anything and request temporary orders if needed. We often advise clients to freeze joint credit and change passwords for email, banking, and social accounts within 48-72 hours. Keep children on their regular schedule, log all communications (texts, calls, emails), and avoid discussing legal strategy with your spouse. If there’s suspected financial misconduct, tell your lawyer so they can consider early forensic accounting or asset-preservation motions.

Gathering Documentation

Collect at least three years of tax returns, the last 12-24 months of bank and credit-card statements, six months of pay stubs, mortgage/deed documents, retirement and brokerage statements, business financials, and any prenuptial agreements.

We recommend scanning everything and saving copies to a secure cloud folder. Court filings require precise documentation. Missing one 1099 or pension statement can change support and equitable-distribution calculations.

If you can, organize documents into a master spreadsheet listing institution, account numbers (redact where necessary), balances, and dates. We suggest classifying items by asset, debt, income, and expense so we can spot discrepancies quickly. In one Suffolk county case, cross-referencing three years of deposits with tax returns revealed $38,000 of unreported freelance income. This shifted support calculations and settlement leverage. Provide your lawyer with editable files and originals for verification during discovery.

Preparing for Your Contested Divorce Case

Being proactive is key. See our Guide to Preparing for a Contested Divorce on Long Island, NY for practical steps such as organizing documents, budgeting for legal fees, and managing stress. The divorce process on Long Island, New York requires careful planning and compliance with the rules of the county clerk’s office in each jurisdiction.

We tell clients to collect six years of federal tax returns, the last 12 months of bank and credit-card statements, recent pay stubs, retirement and brokerage statements, deeds and mortgage paperwork, and three years of business profit/loss reports. Include custody calendars and all text/email exchanges that show schedules. Organize your originals, scan them to PDF if you can, and keep a running asset-debt spreadsheet for quick review.

Organizational Tips for Your Contested Divorce

We suggest you set up named digital and physical folders. You can name them “Financial,” “Custody,” “Communications”, and label every file with dates. A color-coded system to separate personal versus marital documents can be helpful. Create a one-page chronology of major events (dates of moves, job changes, births, etc.) to help us when we have to draft pleadings. After you index each folder, flag items that require valuation or expert review.

• Tax returns (6 years)
• Bank & credit-card statements (12 months)
• Pay stubs (last 3 months) and W-2s
• Retirement, brokerage, and pension statements (most recent)
• Deeds, mortgage statements, property appraisals
• Business P&L and tax returns (3 years)
• Medical, school, and childcare records
• Communication logs and a custody calendar
• Prenuptial/separation agreements and insurance policies

Budgeting for Contested Divorce Legal Fees

We advise contested divorce clients to budget for an initial retainer of $5,000-$25,000 and hourly rates on Long Island commonly between $300-$600. Simple contested matters may total $10,000-$20,000, while complex, trial-ready cases can reach $40,000-$75,000 depending on expert involvement and extensive discovery.

When interviewing potential attorneys to represent you in your contested divorce, ask them for a fee estimate, billing cadence, and which expenses are separate (process servers, court reporters, appraisers, etc.). Use mediation or limited-scope representation to control billable hours. Forensic accountants often bill $150-$400/hour and appraisers $500-$3,000, so factor those likely costs into your budget and discuss payment plans or phased retainers with your lawyer.

Contested Divorce Doesn’t Have to Be Hostile: Alternative Dispute Resolution Options

Not every high-conflict divorce matter ends in a bitter courtroom battle. Our attorneys often resolve disputes through mediation or collaborative law, saving clients time, stress, and expense. Learn more in our article: Contested Divorce Doesn’t Have to Be Contentious.

We guide many clients toward alternative dispute resolution (ADR) to limit court time and legal fees. In our experience roughly 60-80% of contested matters settle before trial using ADR. Mediation and collaborative law can often resolve custody, support, and complex asset division, in weeks or months rather than the year or more timeline of full litigation. At Hornberger Verbitsky, P.C., we evaluate your case facts, recommend the best ADR path, and prepare settlement documents for court submission when agreements are reached.

Divorce Mediation 

Divorce on Long Island doesn’t have to be adversarial. Mediation uses a neutral third party to facilitate negotiations and typically requires 1 to 4 sessions, depending on the issues involved. Each session often runs several hours.

As trained and experienced family law mediators, we can represent you in mediator-led talks, push for full financial disclosure, and draft settlement terms that can be converted into a stipulation of divorce settlement and incorporated into a final judgment.

Mediation is generally less expensive than a contested divorce and allows parties to negotiate the terms of their divorce amicably.

Collaborative Law 

Collaborative law begins with a written participation agreement committing both parties and their attorneys to settlement efforts and disqualifying those lawyers from trial if talks break down. We assemble a team that sometimes includes a neutral financial expert or child specialist and hold joint meetings to focus on negotiated solutions for parenting plans, businesses, and retirement division. Typical collaborative cases resolve in 3 to 8 sessions over several months.

Additional collaborative detail: we use the collaborative model for high-asset or business cases where privacy and tailored solutions can be very important. Teams can include a forensic accountant to value business interests, with shared expert fees often lower than separate court-ordered valuations. In a recent Suffolk County matter I resolved a disputed small-business valuation through a jointly retained accountant, avoiding lengthy discovery and producing a settlement that split assets and preserved each parent’s business role.

Case Study: Affordable Contested Divorce 

Every case is unique. In one matter, our attorneys helped a client reduce litigation costs while still securing a favorable custody and property settlement. Read the full case study

Hornberger Verbitsky, P.C. Protects the Interests of Long Island Families in Nassau and Suffolk, NY

The experienced divorce lawyers at Hornberger Verbitsky, P.C. advocate for clients in contested divorces across Nassau and Suffolk counties, guiding you through custody, support, and property disputes to protect your rights and future. If negotiations fail, we will litigate or pursue settlement strategies tailored to your needs, gather financial evidence, and seek outcomes that reflect your best interests. Contacting experienced counsel early gives you the best chance for a fair resolution. Contact us today to schedule your free consultation and case evaluation in our clean and comfortable offices, over the phone or via online meeting at 631-923-1910.

We combine compassion with strong advocacy to help clients through the most challenging divorce disputes. We are here to fight for your family, finances, and future.

Contacting experienced legal counsel early in the divorce process gives you the best chance for a favorable resolution under New York divorce law.

👉 Call 631-923-1910 or fill out the form on this page for a free consultation and case evaluation.