If you have received a petition for divorce from your spouse but disagree with their request, you have the right to contest. In a contested divorce, you can either disagree on everything your spouse asks of you or agree on some issues and leave the other issues for a judge to decide on.
Our La Mesa contested divorce attorney has years of experience helping individuals find a middle ground that works in the best interests of all parties involved, and our goal is always to find out exactly what you want and then do everything in our power to achieve this – inside and/or outside of the family courtroom.
Call Andrea Schneider Family Law today at (619) 304-8499 or contact us online to schedule a meeting with our contested divorce attorney in La Mesa!
What is a Contested Divorce?
A contested divorce arises when spouses cannot agree on important issues such as asset division, child custody, spousal support, and other related matters. In such cases, the resolution of these disputes often necessitates court intervention. Andrea Schneider Family Law specializes in providing comprehensive legal services to individuals navigating the complexities of contested divorces.
In a contested divorce, both parties present their case in court, and a judge decides on unresolved issues. This process can be emotionally taxing, requiring a skilled attorney to advocate for your rights and interests effectively. Our firm understands the intricacies of contested divorce cases and is dedicated to providing personalized, strategic legal representation.
Contested Divorce Requirements in California
California has specific requirements that must be met for a divorce to be considered contested. These include:
Grounds for Divorce: California is a no-fault divorce state, meaning neither party must prove the other did something wrong. However, the court may consider issues such as irreconcilable differences.
Residency Requirements: One spouse must have been a resident of California for at least six months before filing for divorce in the state. Additionally, they must have lived in the county where the divorce was filed for at least three months.
Filing a Petition: The process begins with one spouse filing a divorce petition. The other party must respond within a specific timeframe, indicating whether they agree or disagree with the terms presented.
Discovery Process: Both parties exchange information and documents through the discovery process. This phase is crucial for gathering evidence and building a solid case.
Negotiation and Mediation: Before heading to court, our attorneys often explore negotiation and mediation to find common ground on disputed issues. While these methods aim for an amicable resolution, they may only sometimes be successful.
Responding to Divorce or Separation
If you've been served divorce papers, filing a response requires you to take the following steps:
First, you must fill out a response as the respondent
Make two copies of the forms for yourself and the petitioner
File your forms with the court clerk within 30 days of being served with the petition
You must have someone serve a copy of the papers to your spouse
Then, have the server fill out a proof of service form
How Long Does a Contested Divorce Take?
The duration of a contested divorce can vary based on several factors. The complexity of the issues involved, the court's caseload, and the willingness of the parties to cooperate all play a role in determining the timeline. Generally, a contested divorce may take several months to a few years to resolve. The following factors can influence the timeline of a contested divorce:
Court Proceedings: The court's schedule and the availability of hearing dates can impact the overall timeline. Delays in court proceedings may extend the duration of the divorce process.
Negotiations and Mediation: The willingness of both parties to engage in negotiations or mediation can significantly impact the timeline. The process may be expedited if parties can reach agreements on key issues outside of court.
Complexity of Issues: Cases involving complex financial matters, child custody disputes, or extensive asset division may take longer to resolve. Thoroughly addressing these complexities is crucial for a fair and equitable outcome.
Documentation and Discovery: The time taken to gather necessary documentation, undergo the discovery process, and exchange information can affect the overall timeline of the divorce proceedings.
Our legal team at Andrea Schneider Family Law is committed to efficiently navigating the contested divorce process on behalf of our clients.
Contact Our La Mesa Contested Divorce Attorney Today
Filling out the paperwork and completing every step ensures a favorable result. Our La Mesa divorce lawyer will help you feel confident that you have completed every step correctly. Whether you need me to review your forms or are looking for legal representation throughout the process, our experienced La Mesa contested divorce attorney can help you.
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“I was truly helped! This law office is very knowledgeable and really showed they cared about my family's unique situation.”
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Andrea Schneider is an excellent lawyer - she thrives with patience, understanding and the ability to get one through the most difficult of situations. Andrea is incredibly knowledgeable in family law and goes above and beyond what is asked from her. She helped guide me from start to finish and was very tentative to my case. I would highly recommend. Thanks again Andrea
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