Bagner Law has decades of experience successfully representing clients in contested divorce cases. It’s possible to settle your marriage dissolution without the enormous expenses incurred by going to court. If you do need to bring your case before a judge, you can trust our family law experts to get you the best possible outcome.
What Is a Contested Divorce?
A contested divorce is a term used to describe a marriage dissolution where the two spouses can’t agree on one or more important issues. These are usually things like child custody, child support, the division of property and the burden of outstanding debts the two hold.
In some cases, spousal maintenance such as alimony, or other heated topics prevent a smooth negotiation. This can be especially complicated if the couple has children, and one parent is requesting child support from the other, or there is a strong custody dispute.
How Does the Divorce Process Work?
Due to the legal complexities of the process, most people seeking a divorce will reach out to a family law attorney to help settle the matter out of court. If after a consultation the person seeking a divorce wishes to proceed, the retained attorney drafts up a petition for dissolution of the marriage.
This document is filed with the courts, and the individual who initiated the process is then known as the petitioner. A copy of the petition is also sent to the other spouse, who is then known as the respondent.
Often the courts will assign a court date called an “Initial Case Management Conference.” This hearing is set several weeks in advance, to give the petitioner and respondent time to begin negotiations in earnest. It also gives the respondent time to secure legal counsel of their own.
At the initial case management conference both parties present the conflicted points between them. This is used to determine the next steps in the proceedings. The court will often order the spouses to enter into private mediation before moving forward with other legal proceedings.
Why You Need an Experience Attorney
Having an experienced family lawyer on your side gives you the best chances of having a fair and equitable outcome to your contested divorce. The majority of contested divorces are settled in mediation or at some point before going to trial.
An experienced family law expert will help you understand all your options. They will also negotiate with your spouse and their attorneys to help keep emotional tensions from impeding the process.
If negotiations fail, an experienced family lawyer will represent you in court to ensure you get the most favorable outcome.
Where to Find the Best Family Lawyer for a Contested Divorce
Based out of San Leandro, Bagner Law has grown into the East Bay Area’s leading family law firm for contested divorces. We have decades of experience helping our clients reach the best possible dissolution settlements.