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Contested Divorce Lawyer Alameda County, CA
Contested Divorce Lawyer Alameda County, CA
Divorces are complicated. They come in all shapes and sizes and can vary in their complexity. Some divorces involve two spouses who agree to the divorce. In other instances, perhaps even more than uncontested divorces, are contested divorces.
As a leading contested divorce lawyer in Alameda County, CA, we know how messy a contested divorce can get. If you are in this situation, or headed that way, please don’t waste any more time thinking about what you should do. Call Attorney Bernie now for help.
Uncontested vs. Contested Divorce
When at least one spouse involved in the divorce contests at least one issue that needs to be resolved as part of the process, it is a contested divorce. Whereas, an uncontested divorce can occur when both spouses agree on all terms. An uncontested divorce is typically less costly and can be processed more quickly than a contested divorce. Despite this, over half of all divorces are contested.
That said, as an Alameda County, CA contested divorce lawyer might explain to you, having a contested divorce isn’t a bad thing. It doesn’t mean something is different with your divorce. It’s actually common. In fact, sometimes it’s recommended. For example, if a spouse is abusive, a narcissist, or has been unfaithful, a contested divorce may help to protect the other party’s finances, rights, and interests.
Why File a Contested Divorce
There are a broad range of issues that may result in a contested divorce. Virtually anything that involves a dispute, disagreement, or contention can lead to this outcome. For instance, who gets the house, who will get custody of the children, or how the finances will be split are all examples of reasons to have a contested divorce. The following are some of the primary reasons to contest a divorce. In these scenarios you would want to consult a contested divorce lawyer in Alameda County, CA.
Assets Have Been Concealed
It is very common for spouses to hide things from one another during a marriage or when divorcing. When a spouse conceals assets, the judge cannot value these items and take them into account when choosing how to divide the property. Assets can also impact spousal maintenance or child support. A contested divorce is litigated, this means each spouse has access to discovery tools that help to identify any and all assets in question.
Children Are Involved
When children are involved, and the parents cannot agree on parenting time or other issues, a contested divorce may be required. This means the judge will make a decision based on the best interest of the child or children. The process takes into consideration many things including the parent’s ability to provide for the child, past acts or omissions by a parent that suggest trouble with the relationship, as well as the emotions and wishes of the child.
Following a divorce, spousal maintenance is often necessary. It is very common for the paying spouse to disagree about having to pay this. As a contested divorce lawyer in Alameda County, CA will tell you, the party seeking the support must prove to the court that he or she gave up financial opportunities during the marriage. This is not limited to a job or career, but also schooling, impairment, or caring for a child.
Abuse in the Marriage
There are too many divorces that include abuse. While divorcing an abusive partner can bring light to a troubled situation, it can be difficult. Abusive spouses may also try to interfere with the proceeding. Because of this, it is highly recommended to consult with an Alameda County, California contested divorce lawyer.
Spouse is Unwilling to Compromise
Sometimes, a spouse assumes he or she is entitled to unreasonable terms. In this case, resolving conflicts might feel very difficult. A contested divorce, no matter how cumbersome it might seem, may be the best solution.
What To Expect During a Contested Divorce
A contested divorce is one of the most difficult challenges a divorcing couple may face, because it commonly means one or both parties doesn’t want to let go. What does that mean? Working with your spouse to move through a divorce can be difficult, but when either of you decides to fight how the split of items, children, or assets will proceed, the divorce can suddenly enter a difficult phase. This occurs when either of you disagrees on issues related to the divorce. Here are a few things you can expect during a contested divorce and why you should hire a contested divorce lawyer in Alameda County, CA.
Contested Means Lengthy
When separating parties cannot agree on various aspects of a divorce, they often experience the snowball effect of growing anger, resentment, and pain. As time drags on while the parties dispute property division, lawyers such as those from Attorney Bernie work on cash dispersal, asset distribution, and child custody arrangements. This back-and-forth between legal counsels and the parties can go on for months during a contested divorce as they work through many of the following proceedings:
- Petitions are filed with the court.
- Negotiations begin in an effort to settle contested issues.
- Proposals are presented that include court hearings and filed motions.
- Discovery and depositions proceed under oath to help settle disputes.
- Interviews and investigations begin to look into negative allegations.
As both of you continue to argue over property, cash, and assets, time can drag on. Some highly publicized disputed divorce proceedings have taken years to settle. That is why hiring a contested divorce lawyer in Alameda County, CA, is such a critical step when there is a divorce disagreement.
Contested Ends in Trial
If your Attorney Bernie lawyer is unable to mediate a settlement with your soon-to-be-ex’s representative, the divorce proceedings move into the next phase — trial. Your legal counsel will cross-examine witnesses and introduce any new relevant information to the judge as legal arguments begin. The case will then be turned over to the judge for a decisive ruling, and whether you like that decision or not, your divorce will then be final.
Contested Implies Complex
Contested divorces are complex legal proceedings. To protect yourself and your future, locate an experienced contested divorce lawyer in Alameda County, CA. With a qualified legal team on your side, you can ensure your legal rights are protected during the long legal battle.
Attorney Bernie: Your Contested Divorce Law Firm
Divorce is a very arduous process. To ensure your goals, rights, and interests are fully considered, call a contested divorce lawyer in Alameda County, CA, such as Attorney Bernie.
Listen to Attorney Bernie Discuss How to Meet Clients Where They Are In the Divorce Process