Burbank Contested Divorce Attorneys

Can a Divorce be Contested in California?

Divorce proceedings usually begin when a spouse (referred to as the "petitioner") files a petition for Dissolution of Marriage. This petition requests the court to officially dissolve the marriage, and assist in resolving issues related to the divorce, including:

• Custody of any children
• Visitation arrangements
• Child support payments
• Alimony payments, and the
• Distribution of marital property and assets

Should the other spouse (or "respondent") and the petitioner fail to agree on terms of the separation, then the divorce is considered "contested," and requires the intervening of the court to solve the matter in a trial.

If you are considering divorce, and anticipate that you will not be able to agree on terms with your spouse, or if you are already in the middle of a contested divorce in California, it is strongly urged that you contact a divorce attorney right away. An attorney can represent you in a divorce trial, and fight on your behalf for terms that meet your needs and the needs of your family.

Going through a contested divorce in California? Don't hesitate to call us at (818) 672-1562 or reach out online t to get skilled representation.

Frequently Asked Questions

What Issues Can Make a Divorce Contested?

A divorce becomes contested when spouses disagree on one or more important issues, such as property division, child custody, child support, or spousal support. Even if both spouses agree that the marriage should end, unresolved disputes can require negotiation or court intervention. An attorney can help identify the disputed issues and develop a strategy for resolving them.

Can a Contested Divorce Be Settled Without Going to Trial?

Yes, many contested divorces are resolved through negotiation, mediation, or a settlement agreement before trial. Reaching an agreement can help spouses reduce legal expenses, limit conflict, and maintain greater control over the outcome. If certain issues remain unresolved, a judge may need to make decisions regarding those matters.

How Long Does a Contested Divorce Take?

The timeline for a contested divorce depends on the number and complexity of the disputed issues, the willingness of each spouse to negotiate, and the court's schedule. Cases involving complicated finances, custody disputes, or extensive evidence may take longer than those involving fewer disagreements. An attorney can explain the steps involved and help establish realistic expectations for your case.

What Happens if My Spouse Refuses to Cooperate With the Divorce?

A spouse's refusal to cooperate can complicate the divorce process, but it does not necessarily prevent the case from moving forward. Depending on the circumstances, the court may establish deadlines, issue orders, or take other procedural steps to keep the case progressing. An attorney can explain the available options and help address delays or failures to comply with court requirements.

How Is Property Divided in a Contested Divorce?

Property division depends on the applicable state law and the circumstances of the marriage. Disputes may involve the family home, bank accounts, investments, retirement benefits, businesses, and other assets. Attorneys can help identify marital assets, review financial records, and present relevant information during settlement negotiations or court proceedings.

Can I Request Temporary Financial Support During a Contested Divorce?

Depending on the circumstances, a spouse may request temporary support while the divorce is pending. This can help address immediate financial needs before the court enters final orders. The court may consider factors such as each spouse's income, expenses, and financial circumstances when determining whether temporary support is appropriate.

What Happens if My Spouse Hides Assets During a Divorce?

Suspected hidden assets can complicate property division and make it harder to determine the full extent of the marital estate. Financial records, tax returns, bank statements, and business documents may help identify discrepancies or undisclosed property. An attorney can pursue appropriate financial disclosures and discovery procedures to investigate concerns and protect a client's interests.

How Are Child Custody Disputes Handled in a Contested Divorce?

When parents cannot agree on custody or parenting arrangements, the court generally evaluates what arrangement serves the child's best interests. Relevant considerations may include the child's needs, each parent's ability to provide care, and the stability of proposed living arrangements. An attorney can help present evidence concerning parenting responsibilities and develop a position focused on the child's well-being.

Can a Contested Divorce Become Uncontested Later?

Yes, a contested divorce can become uncontested if the spouses resolve their outstanding disagreements during the proceedings. They may reach an agreement through direct negotiations, mediation, or attorney-assisted settlement discussions. Once the remaining issues are resolved and the necessary documents are submitted, the case can proceed toward finalization without a trial on those issues.

How Can I Prepare for a Contested Divorce?

Preparing for a contested divorce often involves gathering financial records, documenting relevant parenting arrangements, organizing important communications, and identifying your priorities. It is also helpful to maintain accurate records of income, expenses, debts, and assets. A divorce attorney can explain which documents may be needed, help you understand the legal process, and prepare you for negotiations or court appearances.

Do I Need an Attorney for a Contested Divorce?

Legal representation can be particularly valuable when a divorce involves significant assets, disagreements over support, custody disputes, or a spouse who is unwilling to negotiate. An attorney can explain your rights, help gather and evaluate evidence, negotiate proposed agreements, and represent your interests in court when necessary. Fusco & Clarke can help you understand your options and determine an appropriate approach to your contested divorce.

Helping Protect Your Rights and Interests Through Your Contested Divorce

Fusco & Clarke provides family law and divorce services to individuals throughout Burbank. With our decades of combined legal experience, we are able to provide high quality representation in divorce cases of all types, including those that are contested. We understand that divorce is a trying experience, and that both parties are not always going to be able to agree on a resolution.

When that occurs, we provide dedicated and aggressive help that is designed to secure the desired outcome for the client. We can provide you with the same service in your contested divorce case, in order to maximize your chances of successful result for you and your family.

Call us today at (818) 672-1562 today to put fierce advocacy on your side. We fight to protect what matters what most to you in your Burbank, California contested divorce.