The Complexities of Contested Divorces and How to Move Forward with Your Life
Posted on: October 12, 2023
In the realm of marital separation, uncontested divorces represent an ideal scenario where both parties amicably agree to part ways and can collaboratively navigate the legal process. In California, this typically takes around six months. But, what transpires when the dissolution of a marriage is intricate, and the couple has myriad issues to resolve before obtaining a divorce decree?
Keep reading to learn about this type of divorce and what you can expect. Then contact Law Office of Michael L. Fell at (949) 585-9055 to request a legal consultation from a divorce attorney.
The Extended Timeline of Contested Divorces
Invariably, contested divorces have an extended duration irrespective of the jurisdiction. The complexities encompassed in a contested divorce can elongate the process from several months to years. Some may extend just beyond the duration of an uncontested one, while others necessitate multiple court appearances, protracted negotiations, and other exhaustive procedures.
Why Contested Divorces Demand More Time?
The primary reason contested divorces tend to stretch is the requisite for court hearings and the availability of a presiding judge. Essentially, the divorce timetable hinges on the judge’s calendar. Consequently, as the issues in a divorce amplify, the time to address them lengthens due to the finite court dates.
Factors contributing to the duration of contested divorces include:
- Determination of child support
- Decisions regarding child custody
- Ascertainment of spousal support
- Detailed division of assets
- Discrepancies in facts
- Legal contention
- Unwarranted expectations
The Typical Path of a Contested Divorce
A contested divorce generally follows a trajectory comprising seven stages:
- Consultations with attorneys
- Delivery of divorce papers
- Anticipation of a reply (with a maximum window of 30 days)
- Information gathering or discovery phase
- Efforts towards settlement
- Court hearings
- Post-hearing actions and potential appeals
It’s worth emphasizing that the duration of a contested divorce is largely predicated on its unique aspects. If mutual agreement remains elusive, the timeline extends. After a judicial verdict on divorce particulars, both parties have a 30-day window to challenge it. If a challenge arises, the counterparty also gets 30 days for a rejoinder. Subsequently, a judge delivers the ultimate verdict. An upheld challenge can revert the case to the courtroom.
The Essence of Patience in Divorce Proceedings
In the context of an uncontested divorce, expediency shouldn’t eclipse all other considerations. Given the profound implications of divorce on an individual’s future, prudence and thoroughness become paramount. A judicious approach is to engage a seasoned contested divorce attorney.
Though securing an attorney doesn’t etch a guaranteed outcome, it equips you with a knowledgeable and proficient advocate during the proceedings. At Law Office of Michael L. Fell, our primary objective is to facilitate a just outcome for our clients in their divorce journey. We are unwavering in our commitment to offering holistic solutions for legal challenges at every juncture. We pride ourselves on adept negotiation capabilities but stand poised to champion your cause in the courtroom. For further inquiries, contact us at (949) 585-9055 .
