Contested Divorce

The Law Offices of Steven E. Springer provides excellent litigation services for clients in contested divorces. We explain everything you need to know about divorce laws in California. Our contested divorce lawyers in San Jose, Fremont and Morgan Hill have a long history of positive outcomes in defense of our clients’ parental and property rights.

What is a Contested Divorce?

Many people misunderstand the term “contested divorce.” They believe it means that one spouse objects to the divorce and is fighting to stay married. While that’s certainly possible, California is a no-fault state, so the petitioner has to prove only that he or she truly believes the couple has irreconcilable differences. At that point, the marriage is over; it’s simply a matter of getting the court to rule on the particular aspects of the dissolution. That’s where the “contest” actually begins. The spouses alert the court that they’ve been unable to reach an agreement regarding:

  • Alimony
  • Child Custody
  • Child Support 
  • Property Division

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How Your “Friendly Divorce” Suddenly Becomes Contested

The divorce process in California begins when the petitioning spouse files papers with the court and serves the respondent spouse. At that point, the respondent has 60 days to answer. If the spouses and their attorneys work diligently during those two months, they may be able to present a signed divorce settlement agreement to the court for approval. That would result in an uncontested divorce.

However, a 60-day time frame is rather tight for a respondent who is blind-sided by the divorce and must overcome that emotional anguish. It’s also a tight time frame in cases where the spouses have significant assets that require a thorough inventory. Whenever loose ends exist at the deadline for the response, the court considers the case a contested divorce and schedules a hearing to begin litigating the unresolved issues.

California Contested Divorce Negotiators and Litigators

How hotly contested your marriage dissolution becomes depends on how many disagreements you and your spouse have, how far apart you are on each item and how skillfully your attorneys can manage these points of contention. The Law Offices of Steven E. Springer works with you to identify your goals for life after divorce and uses these goals to guide all talks with opposing counsel. Our family lawyers often pursue mediation as a cost-effective means of reaching an agreement. We have tried cases in Alameda County and Santa Clara County. And when litigation is necessary, our knowledge of divorce laws in California and skills in handling complex family law cases enable us to assert your rights and deliver the best outcome for your circumstances.

Contested Divorce Attorneys in Morgan Hill, San Jose or Fremont, CA
