What Is a Contested Divorce?

San Diego Contested Divorce Attorneys Explain Your Options

Contested divorces can be dramatic, emotional and stressful. Your once unified family now may argue over your shared children, property, money, debts, and assets. As a result, you may find that your spouse is unwilling to work with you toward a resolution. The thought of spending months or years in family court likely causes a great deal of stress. During this vulnerable and bitter time, you may find it hard to focus on your current obligations and responsibilities. After all, it can be hard to think about work when you need to consider potential losses from your divorce. If you are struggling to reach an agreement with your spouse, then our San Diego contested divorce attorneys can help.

Divorce lawyers Steven Gnau and Britney Malpiede are able to represent you and your best interests effectively. We pride ourselves on helping our clients reach quick resolutions that protect their futures and keep their costs down. While a divorce is not designed to be an instant fix, our legal team can expedite the process. Steven Gnau and Britney Malpiede have the experience, record and compassion to bring you peace of mind. Our family law lawyers will help the judge understand the facts from your side of the story.

What Is the Contested Divorce Process?

Custody disputes, property division and alimony disputes can all cause divorces to become overheated and acrimonious. The best divorce scenario involves willingness from both you and your spouse to work toward an agreement. Unfortunately, that is not always an option, especially during such an emotionally charged process. If your spouse is uninterested in finding an amicable solution, then it is important that you have the right legal representation.

When litigating your family law matters is necessary, we can effectively help you through various contested matters in divorce proceedings, which include:

  • Petition: Drafting a petition is the first step in the divorce process. After the legal paperwork is prepared, it is filed and served. Our divorce lawyers can help you at any step, including if you have already been served.
  • Record: For you to have a favorable outcome, you should discover and record financial and important information. This includes assets, income, statements and other details.
  • Negotiations: It may be possible to avoid a trial if both you and your spouse can agree to settlement negotiations. A skilled family lawyer can use negotiations to preserve relationships and mitigate court costs. Having an objective attorney who is knowledgeable concerning the law and procedure and who is unburdened by the emotional baggage of the situation promotes the possibility of a satisfactory outcome.
  • Trial: Divorces do not need to end in a trial but sometimes it is necessary. Attorneys Steven Gnau and Britney Malpiede can use their litigation experience to defend you in court.

How Are Contested Divorces Settled?

The California courts define all divorces as “no fault.” This means that neither you nor your spouse needs to prove that the other did something wrong. As a result, the courts will use evidence and data to determine the division of assets. Usually, assets are split evenly, though in some circumstances they may be given to those who demonstrate that they need the assets more than the other party. For example, a shared vehicle may be sold and the profits split. If you want primary custody of your children, then you must establish that you have the greatest need.

Judges will base their decision on the facts from outside sources and both you and your spouse. This can sometimes result in broad stroke figures and fuzzy logic. Additionally, in an uncontested divorce, your spouse may try to use legal tricks to make you agree to unfair terms. Therefore, a respected and diligent divorce lawyer can make all the difference in protecting your assets. Attorneys Steven Gnau and Britney Malpiede will dig deep into your story and examine every detail to protect your rights.

Difficult Divorce? Our San Diego Contested Divorce Attorneys Can Help

Is your divorce contested? Do you have concerns about protecting your best interests? Is there a disagreement between you and your spouse over division of property, money, children or assets? Do you believe that your spouse is trying to take advantage of the California contested divorce process? Details in a contested divorce negotiation can easily be overlooked, resulting in unfair losses. An experienced family law attorney that handles contested divorce can make sure your settlement is fair.

Divorce attorneys Steven Gnau and Britney Malpiede are experienced litigators who have gone up against aggressive trial lawyers. Unlike many divorce attorneys, we do not believe in drawing out your divorce battle. Our ethical and pragmatic approach will keep the focus on completing your divorce. You should not have to deal with disputes in details of your divorce for the sake of having an argument. Contact our lawyers today at (619) 269-8000 to schedule a consultation and learn more about how we can protect your rights.