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September 15, 2023

Hayward, CA – Family Lawyer Discusses Some Common Contested Divorce Issues

Posted in: Industry News

Local Attorney Provides Divorce Issue Insight

In an ideal situation, when a couple decides to divorce they are able to come to terms on important issues and file an uncontested divorce. Uncontested divorces are cheaper, quicker and less stressful, but they are extremely rare, especially when large assets and/or kids are involved.

When a divorce is contested, there are several issues which can become sticking points between the two parties and things can get messy very fast. In a contested divorce, it’s critical to have an experienced attorney on your side so you get your fair share and your concerns and requests are honored as much as possible.

Our expert legal team has been helping residents of the Bay Area with family law issues for many years, and we have the experience and knowledge to help you receive the ideal outcome in your unique situation. We offer a full catalog of services and are proud to be the trusted legal partner of countless local residents.

While many issues can become deal-breakers in a divorce agreement, at least one of a few are commonly featured in every contested divorce we work with. In the sections to follow, we will discuss some common issues which cause difficulty in the divorce process.

Child Custody

When couples have kids, the main concern during their divorce should be the mental health and wellbeing of their children. A divorce is obviously stressful on the couple, but it can have a lasting impact on their kids and when a couple tries to turn their children against one another, no one wins.

Making a custody arrangement which both people agree to is very difficult, and while agreed upon joint custody would benefit everyone involved, it sometimes takes a court order or mediation to come to a solution.

Asset/Debt Allocation

Wealthy couples often have the messiest divorce proceedings simply due to the complications surrounding who gets what. When a couple owns properties, has investments, owns a share of a company and/or has large personal assets, figuring out which of them gets an asset (or the debt burden of an asset) can be a major issue in a contested divorce. In almost every situation, it doesn’t matter who earned more money or purchased the item/property, each party feels they are entitled to at least half.

When a negotiation reaches the point of breaking down every asset and allocating a share to each party, it can become tedious, heated and difficult to move forward.

Alimony

There is precedent in many divorce settlements for the higher earning spouse to pay alimony to the other after the divorce is complete for a given number of years. Alimony is different from child support, and is often a more hotly-contested issue among people during the divorce process. If a judge gets involved, whatever their ruling is must be honored, so the parties can negotiate before it gets to court to find a compromise.

To learn more about how we can help protect your interests during a divorce, give us a call or book your consultation online today.


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