Understanding Contested Divorce Proceedings
When spouses are unable to agree on the terms of their divorce, they must go to a family court where the judge will be responsible for making decisions on their behalf. Because the fate of your children, assets, and finances are in the hands of someone else, it is essential to ensure the attorney you have representing you is one who truly cares about protecting your interests and rights.
Common issues that must be addressed in a contested divorce include:
- Child Custody Decisions: The judge will begin with the presumption that it is best for the children to have frequent and continuous contact with both parents after divorce. Judges will typically try to establish joint custody arrangements; however, the exact terms of custody will be determined by focusing on what is in the best interests of the children.
- Determining Child Support: Both parents will be required to support their children, even after the divorce. The amount of child support granted will primarily depend on each parent's income and other resources, and how much time each parent spends with the children.
- Equitable Property Division: California is a community property state. This means that any income earned by either spouse during the marriage and all property bought with those earnings is considered marital property. This property is owned equally by each spouse or partner and must be divided accordingly.
Another common matter that can lead to arguments between divorcing spouses is determining spousal support. Whether you need assistance working out a child custody, visitation, child support, property division, or spousal support matter, our Rancho Cucamonga contested divorce attorneys stand ready to assist you.
Key Steps in a Contested Divorce
A contested divorce typically unfolds in several stages, from the initial petition through the final judgment. Each stage is crucial in securing a favorable outcome. Here’s an overview of the key steps involved in a contested divorce:
Filing the Petition and Response
The divorce process begins when one spouse files a petition for divorce with the court. This petition outlines the grounds for the divorce and the specific issues that are in dispute. The other spouse has the opportunity to file a response, agreeing or disagreeing with the terms outlined in the petition.
If both parties agree on all the major issues, the divorce may proceed uncontested. However, in a contested divorce, the response will likely indicate the areas of disagreement. Once the response is filed, the court will set a date for the initial hearings.
Discovery
Discovery is the process through which each party collects information and evidence to support their case. This can include gathering financial documents, property appraisals, bank statements, and any other evidence relevant to the contested issues. Discovery can also involve depositions and interrogatories, where each party is required to answer questions under oath.
Our contested divorce lawyers in Rancho Cucamonga works diligently to ensure that our clients gather the necessary evidence while protecting their privacy and minimizing the stress of the process.
Mediation and Settlement Negotiations
While a contested divorce typically involves disputes that need court intervention, California law encourages couples to resolve their differences through mediation or settlement negotiations before proceeding to trial. In mediation, a neutral third party helps both spouses negotiate a resolution to their disputes.
However, not all disputes can be resolved through mediation.If an agreement cannot be reached, the case will proceed to trial, where a judge will make the final decisions on contested issues.
Trial
During the trial, both parties present evidence, call witnesses, and make arguments. The judge will then make decisions on the contested matters, including property division, child custody, child support, spousal support, and other relevant issues.
While trials can be stressful and expensive, they may be necessary when an agreement is not possible. Quinn & Pulley, APC contested divorce lawyers are committed to providing clients with robust representation during trial, working tirelessly to present a compelling case in front of the judge.
Skilled Litigation for Contested Divorces in the Inland Empire
Contested divorces can be messy, which is why it is essential to ensure the legal team you work with has plenty of experience in litigation. As one of the Inland Empire's most experienced trial lawyers, Attorney Quinn possesses the skills and resources necessary to take on even the most complex cases. If we believe the most effective way to obtain favorable results on behalf of a client is by going to court, we will not hesitate to do so.
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Commonly Asked Questions on Contested Divorce
How long does a contested divorce take in Ontario?
A contested divorce in Ontario can take anywhere from 6 months to several years, depending on the complexity of the case, the issues in dispute (e.g., child custody, property division), and court availability. Most contested divorces take about 1 to 2 years.
What is the average cost of a contested divorce in California?
The average cost of a contested divorce in California can range from $10,000 to $40,000 or more, depending on the complexity of the case, the level of conflict, attorney fees, expert witnesses, and other factors. High-net-worth divorces or those involving children or significant assets can cost even more.
What is the difference between contested and uncontested divorce in California?
In a contested divorce, the spouses disagree on one or more significant issues (e.g., property division, child custody, spousal support) and require court intervention. In an uncontested divorce, both spouses agree on all terms of the divorce and submit the agreement to the court for approval, making the process quicker and less expensive.
What happens if my ex doesn’t respond to divorce papers in Ontario?
If your ex-spouse doesn't respond to divorce papers in Ontario, you can proceed with a default divorce. After a specified waiting period (usually 30 days), if no response is filed, the court may grant the divorce and issue a judgment based on your terms. However, this doesn't resolve any outstanding issues like property division or child custody.
What is a wife entitled to in a divorce in Ontario?
In Ontario, a wife is entitled to an equal division of the marital property, as well as spousal support if eligible. This may include assets like the family home, pensions, and investments. If there are children, the wife may also be entitled to child support and potentially custody or access, depending on the best interests of the children.
Can you refuse a divorce in Ontario?
In Ontario, you cannot prevent your spouse from obtaining a divorce if they meet the legal grounds (e.g., living separate for at least one year, adultery, or cruelty). However, you can dispute issues like property division, spousal support, or child custody, which may delay the process.
