What is a Contested Divorce?
A contested divorce arises when spouses cannot agree on critical issues like property division, child custody, spousal support, or debt allocation. It is not to be confused with a high-conflict divorce, which is marked by persistent hostility and contention.
In California, common reasons for a contested divorce include:
- Disagreements over asset division
- Disputes over debt allocation
- Differing views on parenting plans and visitation schedules
- Disagreements regarding educational plans for children
- Disputes over financial support
The legal implications of a contested divorce are significant, often requiring court intervention, which can prolong the process and increase costs. Beyond the legal aspects, the emotional and financial impacts can be profound, leading to stress and uncertainty.
California-Specific Divorce Laws to Consider
California is a “no-fault” divorce state, which means that the dissolution of marriage doesn’t require either party to prove wrongdoing. However, this doesn’t eliminate conflicts or disagreements. The very nature of a contested divorce means that the divorcing couple has terms that need to be negotiated or otherwise worked out.
The state's community property laws dictate that assets and debts acquired during the marriage are divided equally. This can become a major conflict, especially when both parties have differing views on what constitutes fair division. Additionally, many couples often want to work out their own property division agreement so that critical assets can remain intact. However, this negotiation can take time, and the court must still approve it.
Regarding spousal support, California courts consider several factors, such as the length of the marriage and each spouse's financial needs and capabilities. There are two types of spousal support in California: temporary (while the divorce is in process) and long-term (takes effect after the divorce case is finalized). It is common for divorcing couples to disagree on what constitutes a fair alimony settlement.
Custody and visitation rights are determined based on the child's best interests, with courts considering the child’s health, safety, and welfare. Many divorcing parents can develop their own custody and visitation plans, but as with other divorce matters, this can take time, and parents sometimes struggle to agree.
Four tips for overcoming common challenges during a divorce are:
- Dealing with an uncooperative spouse: When one spouse is uncooperative, negotiations can stall. Patience and a strategic approach, often with the help of a mediator, can help facilitate dialogue and agreements. For highly contentious situations, consider arbitration or court litigation.
- Managing custody battles: These battles can be very emotional. A family therapist or counselor can provide support and guidance, focusing on the child’s well-being. Your attorney can help you understand your rights under California law and represent you in negotiations.
- Financial struggles during a divorce: Contested divorces can be costly. Seeking financial advice from a professional can help you develop an effective strategy for managing your finances during this difficult period.
- Dividing assets and debts: This process can be complex, and arguments over who should be responsible for certain debts are common. Keep detailed records and communicate openly with your attorney during this process.
Finding the Right Lawyer for Your Contested Divorce
Working with an attorney you feel comfortable with and are confident in can make a world of difference. Start by seeking referrals from friends, family, or professionals in your network who have had positive experiences with divorce lawyers. Research potential candidates online, paying attention to their areas of practice, client reviews, and overall reputation. Look for an attorney with experience managing contested divorces and who is licensed in California.
During initial consultations, take the opportunity to ask questions that matter to you, such as their approach to handling contested issues, communication style, and fees. Pay attention to how the attorney listens and responds to your concerns; a strong rapport can indicate a good fit.
No matter what type of divorce situation you are dealing with, your attorney is your greatest advocate and asset. In addition to understanding California's divorce laws and how they apply to your situation, they come with vast experience and knowledge. Don't underestimate the value of working with a seasoned attorney like ours at The Law Office of David A. Martin & Associates.
Contact us online to schedule an initial consultation and find out how we can help you.
