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What you really need to know about a contested Divorce proceedings

On Behalf of | Jun 14, 2022 | Divorce

Often people approach me and tell me their case is simple and doesn’t require much work. However, Im here to tell you that there is nothing simple and easy and quick about a divorce in the state of California. To the contrary all divorces no matter what the divorce is about and is simple or quick. Even a short marriage with no real issues can be very involved. One thing people constantly forget about divorces is that there are two parties involved. And as a result if one party decides to not cooperate with a simple divorce. Guess what? That simple divorce is no longer simple. And a divorce that has not assets or no real divorce issues then becomes as if it was a highly litigated divorce.

So before you start any divorce you must decide if the other party is agreeable to all issues of the divorce. If they are agreeable to settle all issues of the divorce then it is a matter of doing all the paperwork of the divorce with both people signing the divorce decree. And if the other party decides that even one issue is not agreeable then the divorce is back to becoming more complicated and taking longer to get done.

People also need to realize that if there is no agreement the only remedy really is with the Court. A divorce cannot be done without Court intervention if one party decides not to take part in any agreement. That is why a meeting of the minds is so important in a divorce. So in the end there is no simple divorce.

Lets say the partys do not agree on many issues which often occurs then a contested divorce is in play. Once a contested divorce starts the attorney and partys must narrow the issues.  In a divorce proceeding there are many issues to be decided. Such as custody, property division, child support, spousal support and whatever the parties have involved in their matter. All take time to evaluate and litigate to determine the outcome of the divorce.