Contested Divorce Lawyer in Fresno

Offering Aggressive Legal Representation

There are two main types of divorce: contested and uncontested. Uncontested divorces typically go fast, as both spouses agree on the terms of the divorce, and the papers are signed relatively quickly. A lawyer, if needed, is mainly there to ensure all terms of the divorce are fair to both parties.

A contested divorce, on the other hand, can drag out much longer. Both parties need legal representation in a contested divorce, as there are one or more things that they do not agree on. If you are going through a contested divorce, you need an experienced divorce attorney on your side.

The Bains Law Office has represented countless clients going through a divorce. If you and your partner can’t agree to the terms of your divorce, you’re not alone. Our team will fight for your rights to get the divorce terms you deserve. To learn more about our services and how we can help you, call us today at 559-282-8924.

What is a Contested Divorce?

In California, a contested divorce essentially means that the two parties can’t agree on the terms of the divorce. Those terms often include custody, distribution of assets, child support, visitation, marital home, property division, and alimony.

A divorce can be contested for three reasons:

There is a legal disagreement
There is a factual disagreement
One of both spouses refuses to settle on the terms of the divorce

If you and your spouse cannot agree on the terms of your divorce, it is essential to seek out aggressive legal representation. Waiting for a judge to make a decision about your divorce could lead to an unfavorable outcome. Your assets, property, and even your children could be handed to your spouse in the blink of an eye. Don’t let someone else make a life-altering decision for you.

What Are the Requirements for a Contested Divorce?

California recognizes both contested and uncontested divorces. However, there are a few legal requirements the divorce must abide by.

Those requirements include:

Residency

At least one spouse must have lived in California for at least six months before filing. If you or your spouse have not lived in the state for six months, the California court likely does not have jurisdiction over your case.

Grounds for Divorce

You must include the reason for which you are divorcing. California is a no-fault state, meaning spouses do not have to prove fault to get a divorce. Most couples simply write “irreconcilable differences.”

Filing a Petition

The divorce process officially begins when one spouse files a divorce petition. This petition, also called the Petition for Dissolution of Marriage, allows the court to serve the other spouse with the petition. The spouse who is served then has the option to respond.

What is the Discovery Process in a Contested Divorce?

After the divorce petition is filed, the divorce then enters the discovery phase. During this process, spouses can formally request information from each other. Typically, the discovery process is done with help from a legal professional.

The process for discovery includes:

Using pre-prepared questions to acquire information about your spouse.
Requesting documents pertaining to finances, parental responsibilities, and more.
Requesting admissions about certain facts or documents.
Holding a live question and answer session under oath, also called an oral deposition.

What is the Disclosure Process in a Contested Divorce?

The disclosure process is essentially an exchange of information. In most uncontested divorces, spouses decide to waive the declaration of disclosure. In contested divorces, many spouses choose to go through with the process.

In divorce proceedings, there are preliminary and final declarations of disclosure. Spouses must exchange information about assets, debt, income, expenses, and more. If any disclosures are mishandled or if spouses intentionally withhold information, they can get into legal trouble. It is essential to learn as much about your spouse’s financial situation as possible during this process.

How Long Does a Contested Divorce Take?

Unfortunately, a contested divorce will likely take longer than an uncontested divorce. Contested divorces could go quickly if the spouses are only arguing over a simple divorce term. However, if both parties have differences in opinion about many of the terms of the divorce, the process can take months.
It is important to note that waiting for a court date can also elongate the process. Requesting a trial can take weeks or even months if the judge is busy. The trial request process varies by county, and our team can help you secure a court date quickly to speed the process up as much as possible.

What Does a Contested Divorce Lawyer Do?

A contested divorce lawyer stays by your side every step of the way, not resting until you have agreed to divorce terms that suit your needs. A member of our team will sit down with you to learn the facts about your case before creating a legal strategy to fight for your rights.

We will then meet with your spouse’s legal representative to enter the negotiation process. There is a chance that with simple negotiation tactics, we can settle your divorce quickly and amicably. However, if your spouse does not agree to terms that benefit you, we will continue fighting for your rights.

At The Bains Law Office, we know how stressful it can be to go through divorce proceedings. We are dedicated to resolving your matters quickly so you can move on with your life as fast as possible. Please don’t feel like you have to navigate this difficult process on your own. Contact our law office today to learn more about our services by calling 559-282-8924.