Contested Divorce in California
Support from Your Murrieta Divorce Attorneys
A contested divorce is a
divorce that must go to trial before a judge in order to resolve specific issues
related to the divorce agreement. This includes pertinent issues like
child custody and
child support— when children were involved in the marriage—spousal support and the
division of property and assets. Rather than spouses deciding upon these issues on their own
through a collaborative or uncontested divorce, they are essentially asking
the judge to make a decision for them.
Differences Between Contested and Uncontested Divorce
A contested divorce typically takes longer than an
uncontested divorce, generally lasting at least one year. Some contested divorces may take
two or three years. Because the case goes to trial, both parties will
end up paying more for attorney representation. Legal proceedings of this
nature are also more likely to lead to stress and a less than amicable
relationship between spouses. Due to the time, expense and stress that
may be involved in a courtroom divorce, a couple will usually try to reach
an amicable divorce settlement out of court, first.
If they are simply unable to figure out these matters on their own, however,
it may be beneficial to take the matter to court and let a third party
make the decisions for them—although this does not mean that all
matters must be resolved in this manner from that point on. A divorce
can become uncontested at any point throughout the process if both parties
are willing to compromise through
mediation. Similarly, the divorce can again become contested if an agreement cannot be made.
Is Contested or Uncontested Divorce Right for Me?
Making the decision of whether or not to handle a divorce in court can
only be made by the couple. Depending on both parties' ability to
compromise and settle a dispute through mediation, sometimes there is
no other choice but to handle a divorce one way or the other. Speaking
with a Murrieta divorce attorney is one way for a spouse to understand
the scope of their options, however. Many times— even if a couple
is not fully willing to cooperate—the efficiency of an uncontested
divorce may become the more practical option, whereas other times a contested
divorce may be easier for both parties to navigate.
Contact a Murrieta family law attorney at (951) 506-6654. We also serve Temecula and Riverside County.