Understanding the Basics of a Contested Divorce
Divorce is never easy, especially when disagreements arise over critical issues like property, child custody, or financial support. If you and your spouse can’t reach an agreement, you may find yourself facing a contested divorce, which requires court intervention to resolve. Understanding what’s involved in this process can help you make informed decisions and prepare for what’s ahead.
Here’s what you need to know about contested divorces, why they happen, and how to get through them.
What Is a Contested Divorce?
A contested divorce happens when spouses cannot agree on one or more important issues during the divorce process. These disagreements can relate to dividing assets, deciding custody arrangements for children, or determining spousal support. Because both parties can’t come to terms, the court steps in to make the final decisions.
This process is very different from an uncontested divorce, where the couple resolves all matters on their own and doesn’t need a judge’s intervention. Contested divorces typically take longer to finalize and require more legal and emotional energy. Knowing this difference is key when deciding how to approach your divorce proceedings.
Why Do Disagreements Happen?
The reasons for disagreements in a divorce are as varied as the individuals involved. Some of the most common areas of contention include:
- Division of assets and debts: Splitting property, investments, or shared liabilities can spark disputes, especially if there is significant value or sentimental attachment involved.
- Child custody arrangements: Parents often have differing perspectives on what is best for their children, leading to heated custody battles.
- Spousal support: One party may feel entitled to alimony, while the other may strongly disagree, leading to drawn-out debates.
These disputes can quickly escalate, which is why having clear legal guidance is critical to navigating a contested divorce effectively.
Understanding the Law and Your Rights
Legal Rules Differ by State
Where you live plays a major role in how your divorce will proceed. Each state has its own laws governing critical aspects like property division, custody, and support. For example, California is a community property state, meaning assets and debts acquired during the marriage are typically split equally unless otherwise agreed.
Because divorce laws vary, it’s important to work with an attorney familiar with the rules in your jurisdiction. They can help guide you on the strategies most likely to work given your situation and ensure your rights remain protected.
How Attorneys Help
Navigating a contested divorce can be overwhelming without the right legal support. An experienced family law attorney can assist you in several ways, including negotiating on your behalf, gathering evidence to support your case, and advocating for you in court if necessary.
Many contested divorces involve pre-trial hearings, where temporary orders for custody, spousal support, or property use are put in place. Your attorney will represent your interests during these hearings and help build a strong case if the matter goes to trial. With their expertise, you’ll feel more confident during each stage of the process.
The Steps in a Contested Divorce
Filing for Divorce
The process starts when one spouse files a petition for divorce with the court. This document outlines the reasons for the divorce and the relief being sought, such as custody or support. The petition must then be served to the other spouse, who has a set period to respond.
Discovery Phase
Once the divorce is in motion, both parties engage in the discovery phase. Here, you gather and share essential information, like financial records, asset valuations, and relevant communications. Full transparency is required to ensure fair resolutions, and your attorney can help make sure nothing important is overlooked.
Trial Preparation
If no settlement is reached through negotiation or mediation, the case goes to trial. Both sides will present evidence, call witnesses, and make their arguments. The court will then decide on unresolved matters. While the process may sound intense, preparation and proper legal representation can pave the way for a favorable outcome.
Financial and Emotional Realities
Planning for Costs
Contested divorces are often more expensive than uncontested ones due to court fees, attorney costs, and the need for expert witnesses. It’s important to create a realistic budget and discuss financial planning options with your attorney.
Managing Stress
Divorce not only takes a financial toll—it’s emotionally draining, too. To manage the stress, consider leaning on family, joining a support group, or working with a therapist. Building a strong emotional foundation will help you get through the challenges of the process.
Get Expert Legal Support for Your Divorce
A contested divorce can be stressful, but the right guidance can make all the difference. At Newman & Allen, we help clients in Rancho Cucamonga, CA, protect their rights and interests during one of life’s most challenging transitions. Whether you're facing a custody dispute, financial disagreements, or other divorce-related challenges, our experienced attorneys are here to support you.
Call (909) 328-6101 today to schedule a consultation. Let us guide you through every step of this complex process and help you achieve a resolution that works for you.