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.
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 divorce process. After your attorney prepares the legal paperwork, he or she files it. Then, your spouse is served. Our 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.
How Is a Contested Divorce Settled?
Ultimately, California courts define all divorces as “no fault”. This means that neither you nor your spouse need 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, the court gives assets to those who demonstrate that they need the assets more than the other party. For example, a shared vehicle may be sold during divorce proceedings and the profits split. If you expect to have custody of your children, you will have to establish that you provide the best standard of care for their needs and development.
Judges will base their decision off the facts from outside sources, including both you and your spouse’s lawyers. This often creates an opportunity for broad stroke figures and fuzzy logic. Your spouse may try to use legal tricks to make you agree to unfair terms. Our San Jose contested divorce lawyer can dig deep into your story and examine every detail to protect your rights.
Contact us online or call our firm at (408) 844-4016 to schedule a free consultation and learn more about how we can protect your best interests.
“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.”
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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.
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