Contested Divorce
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Contested Divorce Attorney Orange County
What Is A Contested Divorce?
Experienced attorneys may suggest options such as mediation so their client can reevaluate their demands and find a solution that works best for both parties. If the couples cannot reach an agreement, they might seek litigation. Most people hire attorneys to handle their divorce case, but they can represent themselves in court.
Other Types Of Divorce And Separation
If the marriage happened due to fraud or misrepresentation from one party, the other party could seek to get an annulment. An annulment is a court ruling that a marriage is invalid or void. If the couple is only involved in a domestic partnership, then they do not have to undergo the legal divorce process; instead, they require a court judgment, such as a dissolution of the domestic partnership, to terminate the personal relationship. The dissolution of a domestic partnership can take more than a year, depending on the specifics of the case.
Reasons Why You May Need A Divorce Attorney
Division Of Property And Debt
The default rule is to split the marital assets 50/50 unless there is financial marital misconduct. In cases of financial misconduct of community property, the court can evaluate the evidence, which can delay the case. In most states across the U.S, courts apply an equitable property division system which leaves both sides with a fair amount of marital assets and debts. However, many factors can be considered when dividing community property and marital debts for contested divorce cases. This includes the duration of the marriage, income of each spouse, loss of benefits, financial condition, child custody, and financial misconduct.
Child Support
The divorce is not finalized until the child support issue is resolved. Lawyers often suggest mediation or arbitration to expedite the process for parents who cannot resolve the issue. If the divorcing couple fails to reach a decision, they take the issue to court, where a judge can hear both sides of the story and render a judgment.
Spousal Support
When the alimony becomes a contested matter between the divorcing couple, they can pursue litigation. To provide a fair judgment on alimony, the judge reviews the financial situation of each spouse and the length of the marriage. The whole process can take a few months to years until the alimony or spousal support issue is resolved.
Custody And Visitation Rights
Visitation and custody of children is a major issue in contested divorces and is also a source of major delay in reaching a settlement or getting a verdict. In contested divorces, the court considers the child’s best interests in deciding matters related to visitation and custody. The court can also order a child custody investigation focused on evaluating the parenting skills and environment offered by each parent. After the investigation report is submitted to the court, the judge can order a custody arrangement or parenting plan for the child.
What To Expect In Your Contested Divorce Case
How Long Does A Contested Divorce Take In California?
How Can An Orange County Divorce Lawyer Help?
An experienced divorce attorney from Kaufman Steinberg in Orange County who is well versed in contested and uncontested divorces can provide the help you need. We can guide you on the best court of legal action for your case, including mediation. If the issues are irreconcilable and no mutual decision is reached by the divorcing couple, having an attorney from Kaufman Steinberg on your side can help you meet your demands.

– Richard Bach