When most people begin the divorce process, they hope for a smooth and cooperative outcome. However, if spouses cannot agree on one or more key issues and need the court’s help to decide, that’s when contested divorce occurs.

If you’re asking yourself, “What is contested divorce?”, you’re not alone. Understanding why divorces become contested in California can help you prepare for what’s ahead. Here are the five most common reasons a divorce becomes contested in California.

1. Disagreements Over Child Custody

Child custody is often the most sensitive and challenging part of a divorce. In California, the courts prioritize the best interests of the child, but parents don’t always see eye-to-eye on what that means.

If one parent wants sole custody while the other wants joint custody, or if there’s conflict over visitation schedules, custody disputes can escalate quickly. Some of the most common custody disagreements in California include:

2. Conflict Over Property Division

In California, marital property is generally divided under community property rules, meaning assets and debts acquired during the marriage are typically split equally.

Disputes can arise when:

  • One spouse tries to hide assets
  • There’s disagreement about what’s community vs. separate property
  • One spouse believes the other should get less due to unfair behavior

These conflicts can spark a contested divorce. Contested divorce in the context of property disputes means the court must decide how to divide everything from homes to retirement plans.

3. Disputes About Spousal Support (Alimony)

Spousal support, also known as alimony, can be a major sticking point in California divorces. The spouse requesting support may believe they are entitled to a certain amount for a specific period, while the paying spouse may argue that support is unnecessary or too high.

Courts in California consider multiple factors when determining spousal support, such as:

  • The length of the marriage
  • Each spouse’s income and ability to earn
  • The standard of living during the marriage

If you’re wondering “what is contested divorce”, spousal support disputes are a prime example: When one spouse believes the proposed amount is unfair, the court will step in and make the final decision.

4. One Spouse Is Not Ready to Divorce

Divorce is not always a mutual decision. In some California divorces, one spouse wants to move on while the other is in denial or unwilling to end the marriage. This emotional disconnect can lead to delays and refusal to cooperate.

These behaviors often result in a contested divorce, where the court must intervene to push the process forward. Asking “what is contested divorce” in this context means understanding that unwillingness to participate doesn’t necessarily stop the legal process, but it can complicate and lengthen it. In California, even if one spouse objects to the divorce, the other can still move forward by filing and serving the appropriate paperwork.

5. Lack of Communication or Bad-Faith Tactics

Sometimes, the reason for a contested divorce in California is simple: the spouses cannot communicate effectively. Whether due to anger, betrayal, or unresolved tension, the inability to have productive conversations can lead to unnecessary legal battles.

In other cases, one spouse may engage in bad-faith tactics like:

  • Refusing to provide financial documents
  • Delaying hearings or court appearances
  • Trying to intimidate or manipulate the other spouse

These actions often leave the other spouse frustrated and without a path to resolution outside of court. 

How to Avoid a Contested Divorce in California

While not all contested divorces can be avoided, there are steps you can take to reduce conflict:

  • Work with an experienced family law attorney who understands California divorce laws
  • Consider mediation to resolve issues outside of court
  • Keep communication respectful and focused on the future
  • Be transparent with your finances and expectations
  • Prioritize your children’s well-being

Even if your case starts off contested, it’s possible to settle before trial. Knowing what is contested divorce and being proactive about problem-solving can save you time, stress, and money.

Working with a San Diego Divorce Attorney

Contested divorces in California can be overwhelming—emotionally, financially, and mentally. If you’re still asking “what is contested divorce” or just unsure how to move forward, speaking with an experienced San Diego divorce attorney can bring you some peace of mind. 

At Fair Cadora, we help clients across California understand their rights, evaluate their options, and navigate each step of the divorce process. Whether your case is contested or uncontested, contact our team today to get the trusted guidance you need to move forward.