San Jose Contested Divorce Lawyer

Navigating the complexities of a divorce can be emotionally challenging and legally intricate. When couples find themselves in situations where they are unable to reach a mutual agreement on essential matters, a contested divorce might be the path they must take.

At Moreno Family Law Firm, we provide expert legal counsel and support for individuals going through contested divorces in California. Our dedicated team is committed to guiding our clients through every step of the process, ensuring their rights are protected and their interests are represented. 

Call Moreno Family Law Firm today at (408) 676-1814 or contact us online to schedule a meeting with our contested divorce attorney in San Jose!

What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on key issues like child custody, property division, alimony, etc. Unlike an uncontested divorce, where both parties agree on all aspects, a contested divorce involves disputes that often require legal intervention. These disputes can stem from emotional, financial, and logistical factors, making having an experienced San Jose contested divorce lawyer essential.

In a contested divorce, tensions can run high due to the contentious nature of the proceedings. Emotions often cloud judgment, so having a legal professional objectively assess the situation and advocate for your best interests is crucial. With our in-depth understanding of family law and courtroom experience, we at Moreno Family Law Firm are here to provide you with the guidance you need.

Common Reasons for a Contested Divorce

Contested divorces can arise from various underlying reasons, each adding complexity to the situation. Some of the common factors that lead to contested divorces include:

• Child Custody Disagreements: Determining the custody arrangement for children can be a major point of contention. Both parents may have different perspectives on what's best for the children's well-being.
• Property and Asset Division: Splitting marital property, assets, and debts can be a source of conflict, especially when substantial financial interests are involved.
• Alimony and Spousal Support: Disagreements over the amount and duration of alimony can arise, particularly when spouses significantly differ in earning potential.
• Child Support: Calculating child support payments can lead to disagreements, as each party may have differing opinions on what's equitable and feasible.
• Communication Breakdown: A communication breakdown can exacerbate existing issues and make it difficult for couples to work together toward a resolution.
• Emotional Factors: Emotions like anger, resentment, and hurt can lead to a more adversarial approach in divorce proceedings.

How Long Does a Contested Divorce Take in California?

The timeline for a contested divorce in California can vary widely based on the complexity of the issues and the willingness of both parties to cooperate. California has a mandatory six-month waiting period from the filing date before a divorce can be finalized. However, contested divorces often take longer due to the need for negotiation, legal procedures, and potential court hearings.

Factors that can influence the duration of a contested divorce include:

• Number of Disputes: The more issues that need resolution, the longer the process may take.
• Cooperation: The process can expedite if both parties are willing to work together. However, if disputes are contentious, it can prolong proceedings.
• Court Caseload: The availability of court dates and the overall caseload can impact the scheduling of hearings and trials.
• Discovery Process: Gathering information and evidence through the discovery process can also contribute to the timeline.

While a contested divorce may take longer than an uncontested one, our seasoned San Jose contested divorce lawyers are dedicated to efficiently navigating the legal process and advocating for your best interests.

How Do I File For A Contested Divorce in San Jose?

Filing for a contested divorce in San Jose, California involves several steps and our attorneys can help you with this process:

• Prepare the Required Documents: Begin by gathering and preparing the necessary legal documents, including the Petition for Dissolution of Marriage, Summons, and any other required forms specific to your case. 
• File the Petition: Submit the completed divorce petition and other required forms to the Santa Clara County Superior Court. 
• Serve the Documents: Once the petition is filed, you must serve the divorce papers on your spouse. This involves delivering a copy of the filed documents to your spouse using a process server, sheriff, or another authorized individual. 
• Await Response: After being served, your spouse has a specified period to respond to the petition, usually 30 days. If your spouse contests the divorce or disagrees with your terms, they will file a response with the court outlining their position.
• Engage in Discovery and Negotiation: Both parties will engage in the discovery process, where they exchange information and evidence related to the divorce, such as financial records and other relevant documents. You may also participate in settlement negotiations or mediation to attempt to resolve disputes without going to trial.
• Attend Court Hearings: If disputes remain unresolved, the court will schedule hearings to address the contested issues. Be prepared to present your case and evidence before the judge during these hearings.
• Final Judgment: If the case goes to trial and a judgment is rendered, the court will issue a final divorce decree detailing the terms of the divorce, including asset division, custody arrangements, and any other relevant issues.

Given the complexity of contested divorces, it is highly advisable to consult with an experienced San Jose contested divorce attorney to guide you through the process, represent your interests, and help you achieve a fair resolution.

Contact Our San Jose Contested Divorce Attorney Today

In the challenging journey of a contested divorce, having a knowledgeable and compassionate legal team on your side can make a significant difference. At Moreno Family Law Firm, we specialize in providing expert guidance to clients facing contested divorces in California. Our commitment to understanding the unique aspects of each case, combined with our years of experience in family law, allows us to provide tailored solutions that prioritize your rights and well-being.

Contact Moreno Family Law Firm by calling (408) 676-1814 today to schedule a consultation with our contested divorce lawyer in San Jose!

Commonly Asked Questions

How is Property Divided in a Contested Divorce?

California is a community property state, meaning that assets and debts acquired during the marriage are generally divided equally between the spouses. However, determining what is classified as community property versus separate property can be contentious and may require court intervention.

How is Child Custody Determined?

Child custody decisions are based on the best interests of the child. Factors considered include the child’s age, health, emotional ties to each parent, and each parent’s ability to provide for the child. The court may order joint custody or sole custody depending on the circumstances.