When does a contested divorce occur?

When one of the partners in a divorce does not agree to the terms of divorce requested by the other, the result is a contested divorce. Contested divorces often arise over the couple’s inability to agree of such things as child custody, asset and debt division, child support demands and may other areas. When a divorce is contested, divorce attorneys in San Diego are faced with a long drawn out legal process that eventually may end up being decided by a judge in family court or a mediator that has been brought in to attempt an amicable settlement.

At the best of times divorce is an incredibly difficult time for most people involved, not only is there the emotional stress of a divorce but there is the pressures of attempting to come to terms with a division of property. At times, it is simply impossible for one or the other party to the divorce to agree. A contested divorce is one where a spouse has filed for divorce and the other party has received them. If the terms that are demanded by the party requesting the divorce, the spouse receiving the papers can have his divorce attorneys in San Diego file for a hearing with the court where the grounds can be contested.

The first step in resolving a dispute may be the preliminary hearing where the judge or mediator sets out certain parameters concerning the assets, child custody, alimony demands, etc. During the process that the divorce action goes through, these preliminary rulings will have the force of law; however, they can be altered by the judge when it comes time for the final settlement. The preliminary hearing does little other than to provide solutions, albeit short term, for the couple and their children to survive separately during what might become a lengthy process.

After the preliminary hearing, the divorce attorneys in San Diego that represent the parties try to gather evidence that can be presented to the court so a final division can be made. The documentation that the attorneys offer can include such things as bank details, credit history, income statements and a list of properties owned. When children are involved in the dispute, often the court will call witnesses to offer evidence on the historic care of the children and their psychological health.

 

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