Rancho Cucamonga Contested Divorce Attorney

Experienced Legal Counsel For Your Contested Divorce in San Bernardino County

If you are facing a divorce and it is not amicable, you may wonder what your next steps should be. It's important to understand that a contested divorce is different from a normal divorce. In a contested divorce, the issues are more complex, and the stakes are higher. Because of this, you need the help of an experienced divorce lawyer.

At Newman & Allen, our Rancho Cucamonga contested divorce lawyers are ready to help you through this difficult time. We know that a contested divorce can be stressful, especially when trying to deal with the legal and emotional issues.

Call Newman & Allen today at (909) 328-6101 or contact us online to schedule a consultation with our contested divorce lawyer in Rancho Cucamonga.

What is a Contested Divorce?

A contested divorce, as the term implies, is a type of divorce where spouses cannot reach a mutual agreement on critical issues, such as property division, child custody, child support, spousal support (alimony), and other significant matters. 

In contrast to an uncontested divorce, where both parties agree on these issues and the process is generally smoother, contested divorces involve disputes and often require court intervention to resolve these disputes.

Common reasons for a divorce to become contested include disagreements over financial matters, who will have primary custody of children and the details of visitation rights, whether one spouse should receive spousal support, and the high levels of emotional stress or resentment between spouses. In these cases, the legal system becomes a vital tool to ensure that each spouse's rights are defended and that a fair resolution is achieved.

Contested Divorce Requirements in California

In California, specific requirements will need to be met to file for a contested divorce:

• Residency Requirements: At least one spouse must be a resident of California for a minimum of six months before filing for divorce. This means that you or your spouse must have lived in California for six months or more immediately preceding the filing.
• Grounds for Divorce: California is considered a no-fault divorce state, meaning that a spouse does not need to demonstrate that the other is at fault for the marriage's dissolution. Common grounds for divorce include "irreconcilable differences," which merely means that the marriage has broken down beyond repair.
• Petition for Divorce: To initiate a contested divorce, the spouse who wishes to divorce must file a petition for dissolution of marriage with the appropriate court. This document outlines the causes of the divorce and the relief sought, such as property division, custody arrangements, and spousal support.
• Serving Papers: Once the divorce petition is filed, the other spouse must be properly served with the legal documents, giving them notice of the divorce proceedings.
• Response: The served spouse has the opportunity to respond to the petition, either agreeing to the divorce terms or contesting them. If the spouses cannot agree, the divorce becomes contested.

Key Issues in a Contested Divorce in California

Property Division

California follows community property laws, meaning that assets and debts obtained during the marriage are typically considered community property and should be divided equally. However, various factors may influence this division, and disputes often arise.

Child Custody and Support

Disputes over child custody and support are common in contested divorces. The court's primary consideration is the best interests of the child, and decisions are made accordingly.

Spousal Support

Decisions regarding spousal support, also known as alimony, are influenced by factors such as the duration of the marriage, the financial situation of each spouse, and their individual contributions to the marriage.

Whether you are dealing with any of these issues, taking the first step toward legal representation is essential in achieving the outcomes you desire. Our Rancho Cucamonga contested divorce attorneys are ready to help you.

Steps to Prepare for Your Contested Divorce

Going through a contested divorce can be overwhelming, but being well-prepared can make the process smoother and less stressful. At Newman & Allen, we believe that knowledge is power. Here are some essential steps to take as you prepare for your contested divorce:

• Gather Important Documents: Collect financial records, tax returns, marriage certificates, and any other relevant documentation. This will help streamline the legal process.
• Understand Your Finances: Create a comprehensive list of assets, debts, and expenses. Knowing your financial situation will empower you to make informed decisions.
• Establish Your Goals: Clearly define what you hope to achieve from the divorce, whether it’s custody arrangements, asset division, or spousal support. Having clear goals will guide your legal strategy.
• Seek Support: Divorce can take an emotional toll. Consider speaking with a therapist or joining a support group to help you navigate the emotional challenges.
• Consult with Our Legal Team: Schedule a consultation with our experienced Rancho Cucamonga attorneys. We’ll provide personalized legal advice tailored to your unique situation and help you understand your rights.

By taking these proactive steps, you can approach your contested divorce with confidence and clarity. Our contested divorce lawyers in Rancho Cucamonga are here to support you every step of the way, ensuring that your interests are protected and your voice is heard.

Potential Outcomes of a Contested Divorce

The outcome of a contested divorce can vary significantly based on several factors, including the nature of the disputes, the willingness of both parties to negotiate, and the rulings of the court. Some potential outcomes include:

Settlement Agreement

If both parties can reach a mutual agreement on contested issues, they may finalize their divorce through a settlement. This allows for more control over the outcomes and can reduce the emotional toll of a trial.

Court Ruling

If the case goes to trial and the judge makes determinations on contested issues, the resulting ruling will be legally binding. Both parties must adhere to the court's decisions, which may not align with one party's desires.

Appeals

In some cases, a party may feel that the court's ruling was unjust. If there are grounds for an appeal, your attorney can assist you in navigating the appellate process, which can lead to a review of the case by a higher court.