How Do You Handle a Contested Divorce with an Uncooperative Spouse?

What Is the Difference between a Contested and Uncontested Divorce?

The main difference between a contested and uncontested divorce is in how divorcing spouses resolve their issues. In an uncontested divorce, the parties can reach agreements on all key issues without intervention from the court. These types of proceedings are typically simpler, faster, and less costly, with stress and emotional strain.

In a contested divorce, on the other hand, the parties cannot agree on one or more major issues, and court intervention is required to settle disputes. With significant court involvement, multiple hearings, discovery, and trial in some cases, contested divorces are more complex and more costly, due to the associated legal fees, court fees, and expert witness fees. In addition to the time and expense involved, a contested divorce can take a greater emotional toll on both spouses and their children.

What Are the Key Issues in a Contested Divorce in California?

Contested divorce can be particularly complex in California, because of specific state laws and regulations. Spouses may not agree on one or more of the following key issues:

• Property division: In a California divorce, all assets and debts acquired by either party during the marriage (community property) are divided equally between the spouses. Divorcing spouses may disagree on what qualifies as community property; commingled assets (when separate and community funds are mixed); valuation of real estate, business interests, or personal property; who is responsible for outstanding debts, including mortgages, loans, and credit card debt; how retirement accounts are valued and divided; and suspected hidden assets.
• Child custody and visitation: This is one of the most contentious and emotionally charged issues in contested divorces. Spouses often disagree on whether both parents should share physical custody of the child equally (joint physical custody) or if one parent should have primary physical custody of the child, with the other parent granted visitation. In many cases, both parents want sole physical custody and disagree about who should have it. Disputes may also arise when a parent believes the other parent is unfit to have legal custody (the right and responsibility to make important decisions on the child’s behalf), and the other parent objects.
• Alimony: Spousal support is another major point of contention in contested divorces. If there is a significant disparity in income between the spouses, the paying party may argue that the requested amount of alimony is excessive, and the receiving party may argue that it is not enough. Disputes also arise over the duration of spousal support. The paying spouse often advocates for a shorter duration, claiming the other spouse can become self-sufficient in that time, while the receiving spouse may seek to have support payments continue for a longer or indefinite term.
• Child support: Although child support in California is calculated according to specific state guidelines, disputes can still arise in a contested divorce. Spouses may disagree on how a parent’s income is calculated and whether one parent is underreporting income. Time sharing is another factor in disputes over child support. Custody or visitation can directly impact the amount of support a parent pays, and there may be disagreements over how much time the paying parent spends with the child. In some cases, one parent may argue the other parent is intentionally unemployed or underemployed to avoid or reduce child support payments, in which case the court may impute income (use higher than actual earnings for calculations) based on that parent’s earning potential.

What Can You Do to Handle a Contested Divorce with an Uncooperative Spouse?

Divorce can be a difficult process under any circumstances. In a contested divorce with a spouse who is not cooperating, it can be even more stressful and challenging. It is important to seek skilled legal representation early in the process. Our seasoned California divorce attorneys can explain your rights, help you navigate the legal process, and fight for your interests in court. The following tips can help you dissolve the marriage more efficiently if your spouse is uncooperative:

• Gather all documents related to the marriage, children, and finances: As early in the process as possible, collect all important documents, including tax returns; mortgage statements; property deeds; statements for all bank, investment, and retirement accounts; credit card statements; employment records and pay stubs; all loan and debt records; and any prenuptial or postnuptial agreements between you and your spouse. Comprehensive documentation allows you to present a clearer financial picture to the court.
• Seek temporary orders from the court: Your attorney can help you file with the court for temporary orders that address immediate issues such as living arrangements, child custody, and support while the divorce is pending. This can help ensure your needs and those of your children are met during the process.
• Approach mediation or settlement in a constructive frame of mind: In a contested divorce, the court may order the parties to mediation, or if that fails, to a settlement conference to resolve disputes amicably before going to trial. An uncooperative spouse can make mediation or a settlement conference challenging. It is important to keep an open mind and approach the process with a willingness to compromise, while still protecting your interests.
• Stay organized and focus on the children: Contested divorce involves deadlines and considerable paperwork, and it may become quite contentious. Stay organized, document all interactions with your spouse, and shield your children from conflict. Try to create a stable environment while the divorce is pending.

Our experienced California divorce attorneys at Khosroabadi & Hill have the knowledge, skills, and resources to protect your interests and help you reach a divorce resolution in the most efficient manner and with the most favorable outcome possible. Call our San Diego office at 858-240-2093 to discuss your case and learn more about how we can help you through this difficult chapter of your life.