Certified Family Law Specialist, State Bar of California, and Board of Legal Specialization
A divorce in Simi Valley is considered contested when the spouses are unable to reach an agreement on the important issues surrounding the dissolution of a marriage. Contested divorces are common, and they can take many forms. A dedicated divorce attorney could assist with these disputes.
If you are facing the prospect of a contested divorce, you have options when it comes to your choice of an attorney. The right legal counsel could serve as your advocate and help you obtain a favorable outcome in your divorce. A discussion with a Simi Valley contested divorce lawyer could work to your advantage.
Divorcing spouses could face a number of disputed issues as their relationship comes to an end. These issues are often financial, but other disputes can also come up during a contested divorce. A seasoned attorney in Simi Valley could help resolve these contested divorce issues.
Disputes over the division of property or debts are frequently contentious when a marriage ends. The courts only have the power to distribute marital property, so designating property as either individual or marital is often a major dispute.
Many contested divorces are focused on issues other than finances. For divorcing couples who have children together, disputes are often centered on child custody or visitation. Custody is the right to have a child live with a parent, while visitation is the parenting time awarded to a noncustodial parent.
In some cases, the court could order ongoing financial support for one of the spouses after the divorce. Disputes can arise over the amount of support awarded or whether the award is appropriate at all.
Every divorce must follow a standard process. However, contested divorces can result in long, drawn-out proceedings that are difficult to resolve. A knowledgeable lawyer could help avoid delays in a contested divorce while working toward a fair outcome.
The process of a contested divorce starts with a petition. The spouse seeking a divorce must file a petition with the court and then serve their spouse with a copy of the petition. Service is a necessary part of the process, as a divorce cannot begin until both sides have formal notice of the proceedings.
Once the petition has been filed and served, there is a 30-day window for a response to be filed. The spouse that was served with divorce papers must file their response during that window or waive their ability to contest some aspects of the divorce.
Next, both spouses must file a document known as the financial disclosure form. As the name suggests, these forms are designed to fully disclose the financial position of both spouses. Without full disclosure, the courts could not ensure that assets are distributed fairly. Eventually, the court will hear both sides at trial and make a final decision on all the disputes in the case.
If you expect your impending divorce to be contested, it is vital that you seek legal counsel right away. The outcome of your case could have a significant impact on your future and moving forward without an attorney could put you at a disadvantage.
Let a Simi Valley divorce lawyer help you fight for a fair outcome in your case. Reach out now to get started.
Hoffer Family Law Firm
