San Diego Contested Divorce Attorney
At San Diego Esquire, we provide contested divorce legal representation services. A contested divorce occurs when a spouse files for divorce (the petitioner) and the other spouse (the respondent), objects to what the petitioner requests. For example, the petitioner could request to receive spousal support. If the respondent objects to the spousal support request, he/she can file a response with the court indicating that he/she does not agree to this request. In a San Diego contested divorce proceeding, the parties must go to court in which the judge decides the outcome of all contested issues.
San Diego Esquire divorce attorney knows how stressful divorce can be for a family. We work closely with our clients to make sure they receive support and legal guidance throughout the entire divorce process. Contact us for a divorce consultation. We can work with you to resolve contested divorce issues such as the following:
- Equitable distribution of community property
- Issues related to retirement benefits, stocks and bonds, social security and health insurance
- Spousal support
- Child custody and visitation
- Child support
- Division of military retirement benefits
Contested Divorce Overview
California is a no-fault divorce state. Most couples file for divorce based on irreconcilable differences. California Family Law Code section 2320 allows a judge to grant a divorce to California residents if he/she has resided in California for six months and the county in which the action is filed for 3 months. At minimum, no divorce is final until at least 6 months has passed from the date the divorce petition and summons are served on the respondent.
Common contested divorce issues include the following:
- The division of community property
- The assignment of assets and debts
- Child custody, support and visitation
- Spousal support
- The validity of a prenuptial agreement
- Date of separation
If an issue cannot be resolved outside of court, a party will have to request a trial. The parties can request a separate trial on the issues they cannot agree on. This is commonly referred to as “bifurcation.” Bifurcation allows legal issues to be separated in a case. Parties are required to attend a settlement conference prior to going to trial.
Contact San Diego Esquire
At San Diego Esquire, we highly recommend divorcing spouses resolve their divorce issues through mediation. Mediation allows parties to come to a resolution outside of court. Court proceedings should only be sought after if a resolution cannot be reached through mediation. Contact our law office for a consultation regarding your divorce. We provide free phone consultations.