Simi Valley Contested Divorce Attorney

At Sua Law Group, we recognize that the decision to pursue a contested divorce can be emotionally challenging and legally complex. We understand that every family's situation is unique, and we are here to provide the skilled legal guidance and support you need during this difficult time. If you're seeking a Simi Valley contested divorce attorney, our legal team is ready to assist you in navigating the complexities of the proceeding.

Call Sua Law Group today at (805) 515-4070 or contact us online to schedule a consultation with our contested divorce lawyer in Simi Valley.

What is Contested Divorce?

A contested divorce occurs when the spouses cannot agree on the terms of their divorce, which can include matters like property division, child custody, alimony, and child support. When the parties involved cannot resolve through negotiation or mediation, the case is taken to court, where a judge will make the final decisions on these issues. Contested divorces are often more time-consuming and emotionally draining than uncontested divorces, as they involve a more extensive legal process.

What are the Requirements for a Contested Divorce in California?

California law outlines specific requirements for pursuing a contested divorce. While these requirements can be intricate, our experienced contested divorce attorneys at Sua Law Group have the expertise to navigate them effectively on your behalf.

• Residency Requirements: To file for a contested divorce in California, either you or your spouse must have lived in the state for at least six months and in the county where you plan to file for at least three months.
• Grounds for Divorce: California is considered a no-fault divorce state, meaning you do not need to prove wrongdoing or provide a specific reason for your divorce. The most common ground for divorce in California is "irreconcilable differences." In essence, this means that you and your spouse have experienced conflicts and disputes that cannot be resolved, and the marriage is beyond repair.
• Filing the Petition: The spouse initiating the divorce must file a Petition for Dissolution of Marriage with the court. The other spouse is then served with the petition, initiating the legal proceedings.
• Response: The spouse who receives the petition has the opportunity to respond, either contesting the divorce or agreeing to it. If they contest it, this will lead to a contested divorce case.
• Division of Assets and Debts: During a contested divorce, the court will determine the equitable division of marital assets and debts. This can be a complex process, and our Simi Valley contested divorce attorney will work to protect your interests and ensure a fair distribution.
• Child Custody and Support: If you have children, child custody and support issues must be resolved. The court will consider the best interests of the children when making these decisions, and our attorneys are well-versed in advocating for your children's welfare.
• Alimony: Spousal support, also known as alimony, can be awarded to one spouse based on the length of the marriage, each party's income, and their individual needs.
• Finalizing the Divorce: Once all issues are resolved, the court will issue a judgment of divorce, officially ending the marriage.

The Process of a Contested Divorce in California

A contested divorce in California generally follows these steps:

1. Filing the Petition for Divorce: The process begins when one spouse files a petition for divorce in the family court. This petition outlines the grounds for divorce and any other requests related to property division, spousal support, child custody, and other matters. The other spouse is served with the petition and has a certain amount of time to respond.
2. Responding to the Petition: The spouse who is served with the divorce petition must file a response. If they disagree with the requests made in the petition, this response will outline their own preferences regarding division of property, spousal support, child custody, etc.
3. Discovery Process: During the discovery process, both spouses gather information and evidence relevant to the divorce. This may include financial documents, property records, and any other evidence necessary to support each party’s claims. Discovery can involve requests for documents, written questions (interrogatories), and depositions. The discovery process is essential to ensure that both parties have access to the information needed to make informed decisions.
4. Negotiation and Settlement: Once the discovery process is complete, the parties may attempt to reach a settlement. Negotiation or mediation may be used to resolve disputes. Mediators are neutral third parties who help both spouses reach an agreement. If the spouses can come to an agreement during mediation or negotiation, the case may be settled without the need for a trial.
5. Trial: If the parties are unable to reach a settlement, the case will proceed to trial. During the trial, each spouse presents evidence, witnesses, and arguments in support of their position. The judge then makes decisions regarding all contested issues, including property division, spousal support, child custody, and child support. A trial can be time-consuming and expensive, which is why many spouses in a contested divorce prefer to settle out of court. However, if a fair settlement cannot be reached, having a skilled Simi Valley contested divorce attorney is critical for a favorable outcome.

Contact Our Simi Valley Contested Divorce Lawyer Today

At Sua Law Group, our priority is to provide compassionate and skilled legal representation for clients facing contested divorces. We understand that this is a challenging time in your life, and we are here to guide you through the legal complexities with professionalism and care. Our Simi Valley contested divorce attorney will work diligently to advocate for your rights, ensure your voice is heard in court, and help you navigate the often complicated legal process of a contested divorce. Your future and the well-being of your family are of utmost importance to us, and we are here to guide you through this challenging time with care, dedication, and legal excellence.

Contact Sua Law Group today to get started with our Simi Valley contested divorce attorney. Call now - (805) 515-4070

Commonly Asked Questions

How Much Does a Contested Divorce Cost in California?

The cost of a contested divorce in California can vary widely depending on factors such as the complexity of the case, the attorney's hourly rates, the amount of time spent on the case, and the need for expert witnesses or other specialists. On average, a contested divorce can cost anywhere from $10,000 to $30,000 or more. This is because contested divorces often involve disputes over child custody, property division, spousal support, and other matters that may require significant legal work and court time.

How Long Does a Contested Divorce Take in California?

A contested divorce in California can take anywhere from several months to over a year to resolve, depending on the complexity of the issues and how long it takes for both spouses to reach an agreement or for the case to go to trial. A simple contested divorce with a few issues to resolve may take about 6-12 months, while a more complex case could take a year or more.

Several factors can influence the length of the divorce process, including the willingness of both parties to negotiate, the need for discovery (such as gathering financial documents or valuing property), the court's availability, and whether the case goes to trial. If both parties can reach an agreement during the process, it may be possible to finalize the divorce more quickly, but a contested divorce that goes to trial will take longer and may incur additional costs.

Can One Spouse Refuse Divorce in California?

In California, one spouse cannot stop or refuse a divorce if the other spouse wishes to proceed. California is a no-fault divorce state, meaning that you do not need to prove fault (such as adultery or abuse) to file for divorce. If one spouse wishes to get a divorce, they can file a petition for dissolution of marriage, and the other spouse cannot block it.