What is a Contested Divorce?

Married couples deciding to get a divorce in California must go through several complex legal processes before everything can be finalized. In ideal circumstances, the two soon-to-be ex-spouses would agree on the primary factors related to divorce, such as child support, child custody, spousal support, and more. Still, things are rarely ideal in divorce cases. Whereas an uncontested or collaborative divorce may be cheaper, faster, and less stressful than contested divorces, they are not always possible for certain spouses. Suppose you and your spouse disagree on any term in your divorce settlement or family law proceedings. In that case, your divorce will be considered contested.

Common areas of disagreement in contested divorce cases include the aforementioned legal matters and how to divide property and debts accumulated during the marriage. Remember, even if you only disagree on one legal issue, such as who gets to keep the particular property in the divorce, the law will consider your divorce contested in California. In contested divorces, you will likely need the assistance and intervention of California courts to have family law judges decide divorce settlements unless a mutual agreement can be reached in negotiations or divorce mediation. When contested divorces become especially contentious, these proceedings often involve multiple court hearings and require professional legal representation.

Our law firm has extensive experience representing clients in various types of divorce matters, including contested and high-conflict divorces. To learn more about how we can assist you during this difficult legal process, please contact us to schedule your initial consultation with our family law attorney today.

What Are Your Legal Rights in Contested Divorces?

Contested divorce cases can be highly stressful, isolating, and overwhelming. You must remember you have specific legal rights protecting you under California family law, such as the right to legal representation from an experienced divorce attorney. With professional legal counsel in your corner, you will constantly be reminded of your rights and responsibilities and keep your specific goals in mind throughout the divorce process.

When you hire a divorce lawyer, you still have the right to participate fully in your case. You can file papers, attend court hearings, question witnesses, gather evidence, and present that evidence to the courts. You should not mistake having legal representation as the same thing as losing your voice. Even with a divorce lawyer at your table, you still have the full authority to be directly involved in the proceedings if you so choose.

Both spouses have the legal right to compile accurate information about the other spouse’s income, debts, financial expenses, and personal assets in the disclosure phase of the divorce case. It is illegal to hide any financial details, and doing so could result in serious consequences.

How Does the Division of Assets Work in California Divorce Cases?

California is a community property state. In Community property states, any income or debts acquired by either spouse during the marriage and any property bought with those earnings will be considered marital property. Both spouses own community or marital property equally and will be divided accordingly in divorce cases.

Rather than dividing everything into equal shares, California law requires that the combined marital wealth and the individual net worth, as well as the value of the assets, be identical for the spouses in the property division process. Essentially, this means that spouses may end up with different kinds of assets and amounts of assets at the end of the divorce case, but the total net worth received by each spouse should be considered equal.

To ensure the equal division of community property, both married partners must serve each other with a list of all assets owned at the time of their separation and any outstanding debts. If the spouses disagree on the value of any specific item, a professional appraiser may be hired to evaluate the asset. Regarding debts, with a few exceptions, the spouses are expected to split all the financial obligations acquired during marriage.

What is the Difference Between Separate and Community Property in CA?

Family law distinguishes between community property and separate property in California marriages. Separate property includes any assets acquired before marriage or after the partners separated at the beginning of the divorce process. Separate property also includes anything obtained by a single spouse during the marriage via an inheritance or a gift from another party.

In divorce matters, each spouse legally owns assets that are considered separate property. Community property, as well as mingled property, is regarded as marital property. Sometimes, there may be disagreements on what is separate or community property, which must be settled during the divorce proceedings.

What Happens When the Divorcing Spouses Cannot Agree on Property Division?

In divorce cases where there are contested factors on matters such as alimony, property division, and child custody or child support, mediation may be the first step toward reaching common ground. In mediation, a third party helps the divorcing spouses negotiate terms and try to find an agreeable middle ground to compromise on contested issues.

If mediation fails and there is no potential for reaching a divorce agreement, the spouses will present their cases to a family law judge. The judge will then make decisions according to California law, which can include a lengthy, costly, and stressful legal process. While it is often in the best interests of divorcing spouses to resolve their issues outside of court, sometimes this is impossible, and court intervention is necessary.

Divorce settlements, which are agreed-upon written documents that become part of the final court judgment, help save time, money, and stressful circumstances. But if this proves impossible, the case proceeds to a court trial period, in which the lawyers for both parties will present evidence, witness testimony, and legal arguments before the judge, whose responsibility is to make final decisions on matters such as asset division. This process may take several months or even years in a contested divorce, particularly in high-conflict divorce matters or complex financial cases.

If you want your property division to be decided by you, it’s vital that you try to resolve any areas of conflict with the other spouse. Failing that, the judge will decide on your behalf, and you will need to accept those decisions.

Schedule a Consultation with a Compassionate Family Law Attorney in Riverside, CA, Today

While certain things like mediation, prenuptial or postnuptial agreements, and the possibility of collaborative divorce proceedings exist, sometimes these issues cannot be resolved, and a contested divorce becomes the only path forward. In such cases, you need professional legal assistance from an experienced attorney well-versed in California family law. Our divorce lawyer has years of experience assisting clients through complex legal issues, including contested divorce cases where there is conflict over the division of assets.

To learn more about how our legal team may be of valuable assistance to you during this challenging scenario, please schedule a no-obligation case review today.

Call today for an evaluation. You can reach us at 951-633-7995.