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Contested vs. Uncontested Divorce in California

File for Divorce in Placer County

Wedding rings on a table in a contested divorce case

What Is Contested Divorce?

A contested divorce in California essentially means that both parties cannot come to an agreement of the terms of the divorce. Examples of these terms include issues such as:

  • Alimony
  • Child Support
  • Distribution of Assets
  • Custody

In our state, a divorce can become contested for 3 specific reasons:

  1. There is a factual disagreement
  2. There is a legal disagreement
  3. Either one or both spouses refuse to settle their issues and terms of the divorce.

What is Uncontested Divorce?

When both parties mutually agree on the terms of the divorce, it becomes uncontested. In California, this is also known as “summary dissolution”. However, not all couples are eligible for an uncontested divorce in our state. While our attorney will be happy to review every requirement with you, here are a few to remember:

  • The grounds for divorce must be “irreconcilable differences”
  • Neither spouse has any property other than a lease under one year
  • There are no unpaid debts of more than $6,000
  • Neither spouse is seeking alimony

To avoid a drawn-out, emotionally draining legal battle, it is imperative to obtain legal representation from an experienced divorce attorney. With more than five decades of combined experience, our Granite Bay family lawyers at the Law Offices of Myers Family Law can thoroughly review your divorce and determine all of your available legal options to obtain the most favorable outcome possible. We specialize in high conflict divorce and have handled cases from all across Placer County, Sacramento County, El Dorado County, and Northern California.

Contact us and speak with our legal team.

Legal Experts with Compassionate Hearts

How Contested Divorce Works

A contested divorce is when one or both spouses dispute some aspect of their divorce, on at least one, if not more issues, such as property division, child custody, child support, and spousal support. Divorce proceedings take much longer to complete and often involve increased legal fees and greater stress. It is important to note that contested divorce does not mean that the spouse opposes the divorce proceeding. You are able to still file a divorce in California even if one spouse does not wish to divorce.

The following are the numerous steps spouses take before a contested divorce is finalized:

  • Prepare, file, and serve the divorce petition
  • Respond to the petition
  • Interview and hire a divorce lawyer
  • The discovery process
  • Pre-trial motions and hearings
  • Settlement proposals and negotiations between both parties and their attorneys
  • If a settlement is not reached, prepare for trial
  • Complete a court trial

Ready to Begin Your Case Today

Our Granite Bay divorce attorneys genuinely care about your best interests, as well as your family’s future. Since we are recognized legal experts in family law and divorce mediation, we understand what it takes to make this process as quick and painless as possible to help you start a fresh new chapter in life.

Call (916) 634-0067 to request a confidential consultation.