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Dedicated Legal Service for Those Going Through Difficult Divorces
Making the decision to end your marriage is a truly heartbreaking and emotionally charged step. This is particularly true when children are involved, but even marriages that don’t produce youngsters can be difficult when they end. Things can become even more complicated when your spouse does not agree with the divorce or when both parties cannot seem to find mutual agreement on some or all the aspects of the divorce. In these situations, you may benefit from contacting a contested divorce attorney in San Diego for assistance.
At Khosroabadi & Hill, APC, you’ll work with a certified family law specialist who is experienced in handling the most complicated divorce cases. A legal professional at our law firm can explain how contested divorces work in California and the steps you need to take to obtain one. If you are going through a difficult divorce in the San Diego area, call Khosroabadi & Hill at (858) 434-1020 for the legal representation you need.
What Is a Contested Divorce?
A contested divorce can happen when one or both parties involved do not agree to certain terms of the divorce or when one of the spouses wishes to remain married and opposes the entire divorce process. Typically, the parties in a contested divorce may have disagreements about important issues such as alimony, division of assets, child custody, and visitation arrangements. In order for a contested divorce to be finalized, the parties will have a chance to try to work out their differences and come up with their own agreements. If the parties cannot reach an agreement, then it is usually up to the family court to make a decision for the spouses.
A contested divorce may also be necessary in cases involving domestic violence. If an abusive spouse tries to regain control over the other spouse by refusing to comply with the divorce process or finding ways to retaliate against the other spouse, it may be necessary to consider filing a restraining order against that person and seeking a contested divorce. However, a contested divorce can be a difficult, lengthy, and expensive process even when no violence or other complicating factors are involved.
If you find yourself in this situation, you and your former spouse will need to prepare your arguments and appear in court. During a contested divorce, the parties may present evidence and make arguments to the court as to why they should receive the outcome they are seeking. Many contested divorces lead to a trial, which can be a stressful situation that leaves both sides with little to no control over what may happen.
Can a Contested Divorce Become an Uncontested Divorce?
It’s not uncommon for the end of a marriage to start in a contested manner. After all, there are some very emotionally charged matters at play. Child custody disputes, disagreements over alimony, calculating child support, and property division will all have serious implications on each party’s life moving forward. However, it’s important to realize that a contested divorce doesn’t have to stay that way. As emotions start to die down, it becomes more possible for the parties involved to discuss the issues in a level-headed way.
The same is true if former partners are seeking a legal separation — as many of the issues involved carry over. Sometimes, two individuals can discuss important matters on their own and come to an agreement. Other times, mediation may be required for both parties to realize that an amicable solution is in their best interests. However, it’s often the case that a San Diego family law attorney will need to get involved — as they can explain to both parties how the legal process is likely to play out.
A legal professional can inform former partners about the law and how a trial might go. This can reduce the risk of one individual seeking an outcome that is highly unlikely — or even in violation of state law. Contested divorce proceedings are rarely simple, so it never hurts to attempt an agreed-upon solution. If this is impossible, it’s time to file divorce papers and get started in a court of law.
What Are the Steps to Get a Contested Divorce in California?
A contested divorce begins with one of the spouses preparing the necessary forms to file for divorce with the appropriate court. The forms typically include a Divorce Petition, a Summons form, and a UCCJEA declaration. Before filing, make sure you meet the residency requirements — either you or your spouse must have been a resident of California for at least six months.
You may then bring your papers to the court clerk, who will give you a stamped copy of your forms and retain the originals. You may be asked to pay a filing fee. Then, your spouse must be officially notified of the divorce filing by being served with a copy of the papers and a response form. Your spouse can be served by mail or in person by anyone over the age of 18. You may also have the county sheriff serve papers for you, or you could even hire a private process server to take care of this step.
If your spouse responds by agreeing with all the terms of the divorce, your divorce is considered uncontested. However, problems arise if your spouse responds by disagreeing with some or all of the aspects of the divorce. When this happens, you will be facing a contested divorce. The next step in a contested divorce is to file financial disclosure forms with the court clerk. This needs to be done within 60 days of filing for divorce, and a copy must be served to the other spouse. You will have the option of going through settlement negotiations in order to avoid a trial.
While this can all be incredibly complicated, experienced family law attorneys in San Diego can take a significant amount of the burdens off your shoulders. Contact our law firm to discuss your case today.
When Is an Amicable Solution Not Ideal?
Uncontested divorces are great when they’re possible. However, it’s important to recognize that such outcomes are not always advisable. Yes, you can save money if you’re able to divide assets, make child custody and support decisions, calculate a fair spousal support amount, and handle other issues on your own. Unfortunately, there will be times when attempting this — whether through mediation or negotiation — is simply a bad idea. These situations include:
- Allegations of abuse: When someone is abused by their spouse, they may feel intimidated into agreeing to certain unfair terms involving asset division, child custody, and other issues. False allegations can also result in unfair outcomes for the wrongfully accused
- Bad faith behaviors: An uncontested divorce in San Diego, CA is a great outcome — but it’s next to impossible if one spouse is acting in bad faith. Perhaps they’re hiding assets or lying about your childcare capabilities. Either way, an amicable solution may be impossible
- Drug abuse or mental illness: It’s important for each party to understand every legal option available to them. Unfortunately, this isn’t always possible when heavy drug use or mental illness is involved. Either of these issues can make it difficult to reach a fair agreement
Keep in mind that none of these issues will necessarily make an uncontested divorce impossible. However, they will certainly make it more unlikely — and they can make certain alternative dispute resolution options impractical. Regardless of the complex issues you’re facing, working with a San Diego contested divorce attorney may be in your best interest. Contact our law firm today to discuss your options.
What Happens if We Can Agree on Some Issues but Disagree on Other Issues?
In cases where a couple can only reach a partial agreement on certain issues, the process of settlement negotiation can give the parties a chance to resolve their differences on their own terms through mediation or other alternative dispute resolution methods. If no agreement is possible or the parties do not wish to enter settlement negotiations, the case will go to trial, and a judge will make final decisions on their behalf.
It is also possible to avoid a trial if you only have a minor disagreement on certain issues – in this case, you may be able to request a court hearing to ask the judge to decide the matter for you while still retaining control of the remaining aspects of your divorce. Remember, each of these outcomes is far preferable over a fully contested divorce. Every issue that you can’t agree on will result in more time spent in court and in front of a judge.
Unfortunately, this means you’ll spend time and money resolving issues that could have possibly been handled amicably. If you can agree on 90% of issues, that’s a lot of hassle you’ll avoid — even if the other 10% needs to be decided by the courts. If you’re hoping to secure a fair outcome regardless of how many issues you can work out amicably, it’s likely in your best interest to work with a San Diego divorce attorney. Contact our law firm today for assistance.
What Is the Cost and Duration of a Contested Divorce?
Contested divorces are notoriously lengthy and expensive. The final cost and duration depend on a number of factors, such as the level of conflict between the parties, the complexity of their issues (such as a divorce dealing with complex assets and high net-worth individuals), whether the couple has children, and whether the parties are completely inflexible or willing to compromise in order to reach an agreement. Many contested divorces can take up to two years to be finalized in California.
While this might seem like a worst-case scenario, one need only consider the complex issues that are involved in contested divorce proceedings. Even in a no-fault divorce state like California, you still have to worry about the division of marital property, deciding who gets child custody, calculating child support, orders to pay alimony, and a variety of other issues unique to each individual divorce. Family law matters are always complex, but they become even more difficult when the parties involved are at odds.
One of the easiest ways to save money when your marriage is over is to work out a way to have an uncontested divorce. Of course, this won’t always be possible. Fortunately, you may still be able to save time and money by working with a San Diego contested divorce attorney. A legal professional can help you avoid mistakes and fight for a favorable outcome on your behalf. Don’t risk your future alone in court. Let our law firm guide you through the legal process.
When Should You Hire an Attorney?
Whenever someone encounters a difficult legal issue, their first question is often, “Do I need an attorney?” The answer to this question will certainly vary depending on the key issues involved in a case. However, the answer is a universal YES when it comes to contested divorce cases in San Diego. It’s ideal to work with a legal professional even when spouses agree on the issues — but when they don’t, having representation is a near necessity.
Put simply, you need someone who understands the law to represent your best interests in court. A contested divorce lawyer will be able to explain how the law applies in your case, and they can find solutions that will make the law work on your behalf. You’ll also be building a relationship with a professional that you can later depend on if anything changes — such as motions to update visitation rights or change other terms of the divorce decree.
You cannot put a price on the value of expert legal representation. Contact our law firm today, and we’ll discuss exactly how we can assist with your case.
Contact a Contested Divorce Attorney in San Diego Today
No matter how many skilled divorce attorneys you speak to, they can all agree that an uncontested divorce is the right way to go when a fair outcome is possible. However, this doesn’t mean that you should accept an unfair outcome just to avoid court. Perhaps your former partner is being stubborn about spousal support, or maybe you don’t fully trust them to care for your children properly. Whatever the underlying issues, working with contested divorce lawyers in San Diego offers the potential for a fair outcome even when amicable solutions aren’t possible.
At Khosroabadi & Hill, we know how a divorce can turn your life upside down and put everything on hold. It is our passion to protect your interests and help you reach a resolution for your divorce in the most efficient and beneficial manner possible. We know that the legal system is complex — particularly when family law issues are involved. Fortunately, our legal team is experienced in navigating all the complicated nuances of the law. Contact us at (858) 240-2093 to schedule your free consultation. We’re here to discuss your case and help you turn the page on this difficult chapter of your life.