Going through a divorce can be a stressful and emotionally draining process, especially if it is contested. When a divorce is contested, it means that the parties involved cannot agree on all the issues surrounding their divorce, such as child custody, property division, and spousal support. In such cases, it is advisable to seek the services of a contested divorce attorney in Los Angeles.
A contested divorce attorney is a legal professional who specializes in handling divorce cases where the parties involved cannot agree on the terms of their divorce. This attorney can help you navigate the complexities of a contested divorce and ensure that your rights and interests are protected throughout the process.
If you are considering filing for a contested divorce in Los Angeles, here is what you need to know:
Before filing for a contested divorce, it is essential to understand the grounds for divorce in Los Angeles. California is a no-fault divorce state, which means that you do not need to prove fault or wrongdoing to obtain a divorce. The only ground for divorce in California is irreconcilable differences, which refers to a breakdown in the marital relationship that cannot be resolved.
Before going to court, the parties involved in a contested divorce in Los Angeles may be required to participate in mediation or settlement negotiations. Mediation is a process in which a neutral third party helps the parties involved in a divorce reach a mutually acceptable agreement. Settlement negotiations, on the other hand, involve the parties and their attorneys discussing the terms of the divorce and attempting to reach an agreement. If the parties can reach a settlement, they can avoid going to court, which can save time and money.
If mediation or settlement negotiations fail, the parties involved in a contested divorce in Los Angeles will have to go to court. In court, each party will present evidence and arguments supporting their position on the issues in dispute. The judge will then make a decision based on the evidence presented and issue a final divorce decree.
Child custody is often one of the most contentious issues in a contested divorce. In Los Angeles, child custody is determined based on the best interests of the child. The court will consider various factors, such as the child’s age, health, and relationship with each parent, when making a custody determination. A contested divorce attorney can help you present evidence and arguments supporting your position on child custody and ensure that your rights as a parent are protected.
In a contested divorce in Los Angeles, the parties involved must divide their marital property. Marital property includes all property acquired by the parties during their marriage, except for property acquired by gift or inheritance. California is a community property state, which means that marital property is divided equally between the parties. However, the court may consider various factors, such as each party’s financial situation and contributions to the marriage, when making a property division determination.
Spousal support, also known as alimony, may be awarded in a contested divorce in Los Angeles. Spousal support is financial support paid by one spouse to the other after the divorce. The court may consider various factors, such as the length of the marriage, each party’s income and earning capacity, and the standard of living during the marriage, when making a spousal support determination.
The types of divorce in California differ too, and may include:
Going through a contested divorce in Los Angeles can be overwhelming, which is why it is essential to hire a contested divorce attorney to represent you. A contested divorce attorney can help you understand your rights and obligations under California law, gather evidence to support your position on the issues in dispute, and negotiate a favorable settlement.
Additionally, choose an attorney who is responsive and communicative. They should keep you updated on the progress of your case and be available to answer any questions you may have. A good attorney should also be able to provide you with a realistic assessment of your case and the potential outcomes.
Hiring a contested divorce attorney in Los Angeles can be expensive. Attorneys typically charge an hourly rate, and the total cost of your case will depend on the complexity of your divorce and how long it takes to resolve. However, the cost of hiring an attorney can be worth it in the long run, as they can help you negotiate a favorable settlement and protect your rights throughout the process.
When going through a contested divorce in Los Angeles, it is important to take care of yourself both emotionally and physically. Divorce can be a stressful and emotional time, and it is essential to have a support system in place. Consider seeking the help of a therapist or counselor to help you process your emotions and cope with the stress of the divorce.
It is also important to prioritize your children’s well-being throughout the process. While the divorce may be contentious, it is essential to keep your children’s needs in mind and work to create a stable and supportive environment for them.
In conclusion, going through a contested divorce in Los Angeles can be a complex and challenging process. However, with the help of an experienced contested divorce attorney, you can navigate the process and ensure that your rights and interests are protected. Take the time to choose the right family law attorney in Los Angeles and prioritize your emotional and physical well-being throughout the process. With the right support system in place, you can move forward and start a new chapter in your life.