If you’re going through a divorce and facing disagreements with your spouse, you might be wondering, how does a contested divorce work in California? In short, a contested divorce happens when spouses cannot agree on one or more important issues such as child custody, spousal support, or property division. In this case, a judge must step in to decide the final outcome. Understanding the process of how a contested divorce works in California can help you feel more confident and prepared during a difficult time.

Step 1: How Does a Contested Divorce Work in California?

Before diving into the process, it’s important to understand how a contested divorce works in California. Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce involves legal disputes that must be resolved in court.

These disputes often involve:

Due to the nature of the disagreements, contested divorces are often longer and more complicated than uncontested ones.

Step 2: Filing for Divorce

The first formal step in how a contested divorce works in California is filing a Petition for Dissolution of Marriage. One spouse (the petitioner) files the petition in the appropriate San Diego family court. The other spouse (the respondent) is then legally served with divorce papers.

Once served, the respondent has 30 days to file a response. If they disagree with any part of the petition, the divorce becomes contested and the court process begins.

Step 3: Sharing Financial Information

After filing, both parties must exchange financial disclosures. This is a required step and helps ensure transparency in the divorce. Each spouse must disclose all income, assets, debts, and expenses.

This step is also important because it allows both parties and the court to fully understand the financial picture before any decisions are made.

Step 4: Requesting Temporary Orders

Many couples need temporary orders while their divorce is pending. These are short-term court orders that cover urgent matters, such as:

  • Temporary custody arrangements
  • Temporary child or spousal support
  • A contribution to one party’s attorney’s fees and costs

If you’re trying to manage life during a divorce and wondering how a contested divorce works in California, temporary orders can bring some helpful structure and stability.

Step 5: Discovery Phase

The discovery process is the legal way in which each party gathers evidence to support their claims. Types of discovery may include:

  • Written questions (interrogatories)
  • Requests for documents
  • Depositions
  • Subpoenas

How does a contested divorce work in California during discovery? It involves building your case with factual information, especially when dealing with complex financial or custody disputes.

Step 6: Mediation or Settlement Talks

Even in contested cases, courts encourage settlement whenever possible. You may be ordered to attend mediation or a settlement conference. These are opportunities to resolve disagreements outside the courtroom.

So, how does a contested divorce work in California if you settle during this phase? If both parties agree, the judge will review the agreement and issue a final divorce order without the need for trial.

Step 7: Going to Trial

If settlement is not possible, your case goes to trial. This is a major part of how a contested divorce works in California. Each side presents their evidence and arguments, and the judge makes the final decisions on all unresolved issues.

Divorce trials can be short or long, depending on how many issues are in dispute and how lengthy they are. A knowledgeable San Diego divorce attorney is important to have during this stage.

Step 8: Final Judgment

After the trial, the judge issues a final judgment. This legally ends the marriage and lays out all court orders regarding custody, support, and property division.

While this is the final step in the process, it may not be the end. If you’re still wondering how a contested divorce works in California, keep in mind that court orders may need to be modified or re-enforced down the line.

Working with a Contested Divorce Lawyer

If you’re asking, “How does a contested divorce work in California”’ you’re not alone. Many couples begin the process with disagreements that take time and sometimes a judge to resolve. While the road may be longer than with an uncontested divorce, understanding each step can help you feel more in control.

At Fair Cadora, our experienced California divorce and family law attorneys are here to guide you through every stage of the process. If you’re facing a contested divorce, contact our San Diego office today to schedule a case evaluation.