What is a contested divorce?

A contested divorce is a type of divorce in California that occurs when both parties cannot agree on the terms of their separation. This type of divorce requires both parties to involve the court in order to settle disputes regarding the terms of the divorce. In a contested divorce, both parties must provide evidence to support their positions before the court will make a final decision. One of the most common issues in a contested divorce is the division of property and assets. California is a community property state, meaning the court will typically assign each spouse 50 percent of the assets. However, if there is a disagreement over the division of property, both parties can present evidence to the court to support their position. The court will then make a final decision based on the evidence presented. Other contentious issues in a contested divorce include child custody, child support, and spousal support. In these cases, the court will typically appoint a mediator to help the parties come to an agreement. If an agreement cannot be reached, the court will make a final decision based on evaluations from custody evaluators and evidence submitted by both parties. Contested divorces can be a lengthy and complicated process in California. It is important for each party to have an attorney to protect their interests throughout the process. An attorney can help guide their client through the entire process and ensure that the court’s decision is fair and equitable.

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