Contested Divorce Lawyer in San Jose 

Providing Skilled Legal Services Throughout Your California Contested Divorce Case

Are you involved in a contested divorce? We understand that it can be difficult to know what to do. Your once unified family now argues over child custody, property, money, and assets. You may find that your spouse is unwilling to work with you toward a resolution. Additionally, the thought of spending months or years in family court is likely causing you a great deal of stress.

According to a 2013 Forbes report, the average contested divorce can cost up to $20,000. During this vulnerable time, you may find it hard to focus on your current obligations and responsibilities. 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, our San Jose contested divorce attorney can help.

Schedule your initial consultation with our experienced San Jose contested divorce lawyer by calling us at (408) 844-4016 or filling out our online form

How Long Does a Contested Divorce Take in California?

In the state of California, the time it takes to finalize a contested divorce will vary and will depend on several factors. Some factors can include the complexity of issues involved, disagreements between spouses, court backlogs, and the efficiency of the legal process. In general, a contested divorce in California can take as long as several months and several years to come to a resolution. Additionally, California also requires a six-month waiting period after service before a divorce can be finalized.

At the Law Offices of Thomas Nicholas Cvietkovich, we can represent your best interests effectively. We pride ourselves on helping our clients reach quick resolutions that protect their futures, keeps their costs down and offers a minimum interruption to their lives. While a divorce is not designed to be an instant fix, our legal team can help expedite the process.

What Is the Contested Divorce Process in California?

The contested divorce process exists to resolve issues between parties. Common matters involve custody disputes, property division and alimony disputes. These issues can cause divorce proceedings to become overheated and acrimonious. The best scenario involves a willingness from both you and your spouse working toward an agreement. Unfortunately, a standard California divorce is not always an option, especially during such emotionally charged circumstances. If your spouse is not interested in finding an amicable solution, it is important that you have the right legal representation. 

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

  • Drafting a Divorce Petition: Drafting a petition is the first step in the California divorce process. After your attorney prepares the legal paperwork, he or she files it. Then, your spouse is served. Our San Jose contested divorce lawyers can help you at any step of this process.
  • Providing Financial Record: For you to have a favorable outcome, it is important to discover and record financial information. This information 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 San Jose family lawyer can use negotiations to preserve relationships and mitigate court costs.
  • Trial: Divorces do not need to end in a trial, but sometimes it is necessary. Our San Jose contested divorce attorney can use skillful litigation to help bring a favorable and swift resolution.

Schedule your initial consultation by calling us at (408) 844-4016 or filling out our online form

Types of Divorce

  1. Contested Divorce: In a contested divorce, spouses cannot agree on key issues such as child custody, asset division, or support payments. This type of divorce often requires litigation and court intervention to resolve disputes.
  2. Uncontested Divorce: In contrast, an uncontested divorce occurs when both spouses can agree on all terms of the divorce, including asset division, child custody, and support. This streamlined process typically saves time and money compared to contested divorces.
  3. Mediated Divorce: Mediation involves a neutral third-party mediator who assists spouses in reaching mutually acceptable agreements. This collaborative approach can reduce conflict and promote amicable resolutions.
  4. Collaborative Divorce: Collaborative divorce involves spouses and their attorneys working together to negotiate settlements outside of court. This approach focuses on cooperation and open communication to achieve a fair outcome for both parties.
  5.  Default Divorce: A default divorce occurs when one spouse files for divorce, and the other fails to respond or participate in the legal process. In such cases, the court may grant the divorce based on the filing spouse's petition.
  6. Fault-Based Divorce: While California is a no-fault divorce state, spouses can still pursue fault-based divorces in certain circumstances, such as adultery, cruelty, or abandonment. However, fault typically has minimal impact on property division or custody determinations.

Our San Jose Contested Divorce Attorney Can Help

Hiring an experienced San Jose contested divorce attorney provides numerous benefits, ensuring that you navigate the complexities of divorce with expertise and confidence. Consulting with our seasoned attorney offers several advantages:

  • Legal Expertise and Guidance: A contested divorce involves intricate legal procedures and substantial paperwork. In California, divorce laws are complex, but our attorney understands them thoroughly and can provide you with clear, accurate guidance throughout the process, making sure you make informed decisions throughout the process.
  • Strategic Representation: Contested divorces often involve disputes over assets, child custody, and spousal support. A skilled attorney can develop a strategic approach tailored to your unique circumstances, advocating for your best interests in negotiations or court proceedings.
  • Negotiation Skills: Many contested divorce cases can be resolved through negotiation rather than litigation. Our attorney with strong negotiation skills can avoid the emotional and financial burden of a prolonged legal battle by negotiating a fair settlement.
  • Courtroom Experience: If negotiations fail, your case may proceed to trial. Our attorney with courtroom experience can effectively present your case, challenge the opposition's arguments, and strive for a favorable verdict.
  • Emotional Support: Divorce is an emotionally charged process. Our team provides not only legal support but also compassionate guidance, helping you manage the stress and emotional challenges that arise.
  • Resource Access: Our contested divorce attorney often has access to a network of professionals, including financial advisors and child psychologists, who can provide additional support and expertise.

By hiring an experienced San Jose contested divorce attorney, you can navigate your divorce with confidence, ensuring that your rights and interests are protected throughout the process.

Contact Our San Jose Contested Divorce Lawyers

No matter the type of divorce you are facing, our experienced San Jose contested divorce attorney is prepared to advocate for your rights and interests every step of the way. We will provide compassionate guidance and aggressive representation to help you achieve a favorable outcome in your divorce proceedings. Contact us today to schedule a consultation and take the first step toward resolution.

Schedule your initial consultation with an uncontested divorce lawyer near you by calling us at (408) 844-4016 or filling out our online form

Contested Divorce FAQ

  1. How long does a contested divorce take in California? The duration of a contested divorce varies depending on factors such as the complexity of issues, court backlog, and level of cooperation between spouses. On average, it can take anywhere from several months to a few years to finalize a contested divorce.
  2. What are the grounds for filing a contested divorce in California? California is a no-fault divorce state, meaning spouses do not need to prove fault to obtain a divorce. Grounds for divorce typically involve irreconcilable differences or permanent legal incapacity to make decisions.
  3. What are the steps involved in a contested divorce? The steps in a contested divorce may include filing a petition, serving the other party, discovery (gathering information), negotiation, mediation, court hearings, and ultimately, trial if no settlement is reached.
  4. How is property divided in a contested divorce in California? California follows community property laws, which generally entail an equal division of marital assets and debts acquired during the marriage. However, factors such as asset valuation, contribution to acquisition, and spousal support may influence the division.
  5. What factors influence child custody decisions in a contested divorce? Child custody decisions prioritize the best interests of the child, considering factors such as parental ability to provide care, child's preference (if mature enough), stability, and any history of abuse or neglect.
  6. Can a contested divorce be resolved without going to trial? Yes, many contested divorces are settled through negotiation, mediation, or collaborative law processes without the need for a trial. However, if spouses cannot reach a resolution, the court will make final decisions on unresolved issues.
  7. Do I need an attorney for a contested divorce in CA? While you have the right to represent yourself (pro se) in a divorce proceeding, navigating a contested divorce can be complex and emotionally challenging. An experienced family law attorney can provide invaluable legal guidance, advocacy, and representation to protect your rights and interests.
  8. What are the costs associated with a contested divorce? The costs of a contested divorce vary depending on factors such as attorney fees, court fees, mediation expenses, expert witness fees, and the duration of the legal process. It is essential to discuss potential costs with your attorney and explore options for managing expenses.
  9. Can I change my mind and settle during a contested divorce? Yes, spouses can reach a settlement agreement at any stage of the contested divorce process, even after filing court documents or attending hearings. Collaborative efforts between attorneys and mediation can facilitate resolution and avoid the need for trial
“Nick has helped me and my family on multiple occasions, he is incredibly professional and will always look out for your best interest. I highly recommend talking to him and seeing how he can help your case.”

Schedule Your Complimentary Initial Consultation Today

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. Our experienced family law attorney has gone up against many aggressive trial lawyers. We do not believe in drawing out your divorce battle. Our ethical and pragmatic approach can keep the focus on completing your divorce so you can move on with your life. 

Tell Us Your Story

Let Us Protect Your Family

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy