Divorce is a difficult situation for anyone to find themselves in, and it’s even more challenging when you and your spouse just cannot come to an agreement about certain things related to the split – like assets or custody agreements. When this happens, it’s known as a contested divorce. In these cases, the court may end up making decisions for you. If you are facing a contested divorce, having a San Diego divorce lawyer by your side can help.
Meet Contreras Law Firm’s Partners & Attorneys
Dolores Contreras
Partner & Attorney
As a founding partner and the visionary behind Contreras Law, Ms. Contreras has devoted her legal career to mastering business litigation, real estate law, and family law. Starting with civil cases, she has expanded her practice to cover a wide range of needs, from business disputes to family matters, which includes divorce, custody disputes, high-asset disputes and restraining orders.
Anna Encinias
Partner & Attorney
Anna S. Encinias has been with Contreras Law Firm since 2014 and is now a partner, overseeing the firm’s entire family law department. For more than a decade, she has dedicated her career to guiding clients through some of the most difficult moments of their lives with compassion, precision, and unwavering advocacy.
Contreras Law Firm is a powerhouse team of litigators in San Diego specializing in family law, divorce, child custody and other family law matters. With over 15 years of experience, our California State Bar Certified Family Law Specialists combine fierce courtroom advocacy with strategic mediation. We pride ourselves on a “tell-it-like-it-is” approach, providing the honest feedback and tailored strategies you need to protect what matters most.
Contested vs. Uncontested Divorce
Deciding whether your California divorce is contested or uncontested matters because it affects the cost, stress, and timeline of the process. Here’s what sets each option apart:
Uncontested Divorce
An uncontested divorce happens when both spouses agree on all the major issues, like child custody, property division, and support, right from the start or quickly reach an agreement. The paperwork is straightforward, and the case usually moves through the mandatory six-month waiting period with little or no court appearance needed. The judge essentially just signs off on anything that needs court approval, but there is very little back and forth.
Contested Divorce
A contested divorce means the spouses can’t agree on one or more significant issues. These cases usually require negotiations, multiple court dates, and sometimes a full trial where a judge decides the outcome. This process takes more time, is often more expensive, and can be emotionally draining.
What is California’s Contested Divorce Process?
Going through a contested divorce in San Diego can be stressful. Understanding the process can make it a little less overwhelming for you.
Filing the Divorce Petition
One spouse begins the process by filing a petition for divorce with the court. This document explains what they are asking for, such as division of property, custody, and child support.
Serving The Other Spouse
The other spouse must be formally notified of the divorce by receiving legal papers. This gives them the chance to respond and take part in the case.
Response and Initial Disclosures
The spouse who was served must file a response with the court. Both sides must share information about their finances, property, debts, and other important details.
Temporary Orders
While the divorce is ongoing, either spouse can ask the court for temporary decisions about child custody, visiting arrangements, spousal support or child support, or use of the home or car.
Discovery Process
Both parties collect evidence such as bank statements, tax returns, text messages, and other records. This helps each side understand the full picture before a trial. Depositions and interrogatories may be done at this stage as well.
Mediation
California law requires spouses who share minor kids to try mediation before their case goes to trial. Even when kids aren’t involved, you’ll probably take part in mediation.
Court Hearings and Trial in San Diego
If spouses still do not agree after mediation, the court holds hearings or a trial, where each side can present their testimony and evidence.
Final Judgment and Orders
The judge makes final decisions about property, custody, and support. These court orders complete the divorce process, giving each party clear instructions to follow.
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How Long Does a Contested Divorce Take in California?
Every California divorce has a mandatory six-month waiting period, so that’s the earliest any divorce can be finalized, counted from the date the other spouse is served. A contested divorce, though, almost always takes longer than that minimum. When spouses disagree on major issues, most cases take between one and two years, and complex cases can run longer. Several factors affect the timeline, like:
- Disputes over custody or parenting time
- Hidden or disputed assets
- The time needed to exchange financial information
- Disagreement over spousal or child support
- Court schedules
- The willingness (or lack thereof) to negotiate
Overall, while the six-month period is the starting point in California, most contested divorces last from one to two years due to these common complications.
Understanding the Financial Implications of a Contested Divorce
A contested divorce costs more than an uncontested one, and it helps to understand where that money goes and why it can be so expensive.
The Cost of the Case Itself
Attorney’s fees are the largest expense, and they grow with the length of the case; every hearing, deposition, and round of negotiation adds time. Contested cases also frequently require experts, like forensic accountants to trace assets or income, appraisers to value a home or business, and custody evaluators when parenting is disputed. Court filing fees and other costs add to the total.
Your Finances While the Divorce Is Pending
The financial picture during the case matters as well. Temporary support orders can require one spouse to pay the other while the divorce is ongoing, and both spouses are paying to maintain separate households on income that used to support one. In some situations, California courts can order one spouse to contribute to the other’s attorney’s fees so that both sides can afford representation.
This doesn’t mean a contested divorce is the wrong choice. When the other side’s proposal is genuinely unfair, the cost of accepting it can far exceed the cost of contesting it. The goal is to spend deliberately and make sure the outcome is as fair as possible.
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Why Do You Need an Experienced San Diego Contested Divorce Lawyer?
Divorce can quickly become one of the hardest moments in your life. California’s family law isn’t something you can just learn overnight, and the court doesn’t give you room for mistakes. Every rule and deadline matters, making legal help essential. Here’s how an experienced San Diego contested divorce attorney helps protect your future:
Protecting Your Parental Rights
When children are involved, you need your side of the story presented based on facts and evidence. A lawyer understands what family courts look for and will help you show you’re committed to what’s best for your children.
When creating a child custody agreement, it is also important to address how future child relocation requests and move-away cases will be handled, including notice requirements, court approval procedures, and how a proposed move could impact the existing parenting plan and the child’s best interests.
Fair Division of Property
Some people try to hide money, investment accounts, or other assets when divorce begins. Your lawyer can find out if this is happening by using legal tools and experts. They work to divide property and debts in a way that’s fair and follows California law
Fair Spousal and Child Support
A skilled family lawyer in San Diego gathers documents and financial records, making a strong case for you to receive spousal support or to refute unfair requests that you pay support.
Handling Court Procedures and Deadlines
Going to court is complicated, and not having the right documents or failing to file them on time can negatively affect your case. A lawyer keeps track of every step, from filing papers to handling service requirements, so your case stays on track from start to finish.
Getting the right legal help during a contested divorce is one of the most important steps you can take. Reach out today to schedule a free consultation with a San Diego contested divorce lawyer.
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High Asset Divorce
Victory in a highly contested divorce case involving significant business interests.