Quarrel With Father. Little girl crying, angry man sitting on sofa on background
Divorce isn’t just paperwork. It’s a legal battle over your assets, your future, and—if you have children—your role as a parent. When couples can’t agree, the case heads to court, and suddenly, your personal life becomes a legal fight. That’s a contested divorce. It’s complex, it’s high-stakes, and without the right legal strategy, you could lose what matters most.
What’s at Risk?
California is a community property state, meaning everything acquired during marriage—income, property, debts—gets split 50/50. But divorce isn’t just math. It’s about who gets what, who pays what, and who walks away with the upper hand.
Custody battles are another beast. California courts decide custody based on “the best interests of the child” (California Family Code § 3011). That means your parenting history, home stability, and even social media activity could be used against you. Spousal support? That’s another fight, especially if one spouse stayed home while the other built a career.
The Contested Divorce Process in California
It starts with filing. One spouse serves the other with a Petition for Dissolution of Marriage (FL-100). The other spouse has 30 days to respond. If no agreement is reached, the case moves to discovery—where financial records, communications, and even private investigators come into play.
Next comes negotiation. Courts prefer settlements, but when mediation fails, it’s off to trial. A judge will decide asset division, custody, support, and more. At this stage, evidence is everything—witness testimony, financial disclosures, custody evaluations. The stronger your case, the better your outcome.
Custody Battles: What You Need to Know
Think showing up at school plays and soccer games is enough? Think again. Judges look at parental involvement, stability, and cooperation. They want to see who supports the child’s emotional and educational needs. If one parent is uncooperative or manipulative, that can backfire. If one parent falsely accuses the other, courts take that seriously too.
If custody is a fight, be ready. Keep records. Save texts. Document everything. False claims of abuse or neglect? They happen. And if your ex tries it, you’ll need hard evidence to fight back.
Dividing Assets: The Fine Print
Not all assets are equal. Retirement accounts, real estate, business ownership—each has different legal considerations. California Family Code § 2550 mandates equal division of community property, but “equal” doesn’t always mean “fair.” The right legal approach can determine whether you walk away with financial stability or years of unnecessary debt.
Hidden assets are another issue. Some spouses try to conceal money in undisclosed accounts, fake debts, or underreported income. Forensic accounting can expose hidden finances, making sure you get your fair share.
Spousal Support: The Fight Over Alimony
Spousal support isn’t automatic. Courts consider income disparity, career sacrifices, and earning potential (California Family Code § 4320). If you supported your spouse’s career while putting yours on hold, that matters. If your ex is deliberately underemployed to avoid payments, courts can impute income—meaning they calculate what they should be earning.
If you’re on the other side—facing alimony payments—you need a strong case to argue against excessive demands. Length of marriage, health conditions, even remarriage potential—all play a role in final support calculations.
Mistakes That Can Cost You Everything
Contested divorces aren’t just about what you fight for. They’re about what you don’t see coming. The biggest mistakes?
- Not Understanding Your Rights – What you don’t know can cost you. Get legal counsel early.
- Letting Emotions Lead – Revenge is expensive. Strategic thinking wins cases.
- Hiding Assets – Courts find out. And penalties are severe.
- Ignoring Custody Documentation – A few bad texts can derail your case. Keep records.
Why Legal Representation Matters
A contested divorce isn’t just about filing paperwork. It’s about strategy, preparation, and courtroom experience. Bagner Law fights for clients who need strong legal representation in San Leandro. Whether it’s custody, assets, or support, every decision you make now will impact your future. Make the right one.
Call Bagner Law Today: (510) 351-5345
Don’t leave your future to chance. Contested divorce is a legal battle, and you need the right lawyer in your corner. If you’re in San Leandro, call Bagner Law now. Get the legal strategy you need to protect your rights, your assets, and your future.
