What to Do If Your Spouse Contests the Divorce Settlement

Facing a contested divorce settlement can feel overwhelming, especially if you thought the process was on track. If your spouse suddenly contests the terms you’ve both been working toward, it’s essential to know your options and how to navigate this challenging situation. This guide will help you understand what a contested divorce means in California, common reasons for disputes, and effective strategies to resolve these issues.

Understanding Contested Divorce in California

A contested divorce occurs when spouses cannot agree on one or more critical issues related to their separation. These issues often include:

• Property division
• Spousal support
• Child custody and visitation rights

In California, if you and your spouse don’t fully agree on these terms, the court cannot approve your judgment until the disputed issues are resolved. This can lead to a lengthy and complicated process, but it’s important to remember that there are ways to keep things moving forward.

Common Reasons for Contesting a Divorce Settlement

Understanding why a spouse might contest a divorce settlement can provide insight into how to address the situation. Here are some common reasons:

• Emotional Responses: Sometimes, disputes arise from emotional reactions rather than logical disagreements. This could be due to feelings of betrayal or loss.
• Miscommunication: Misunderstandings about the terms of the agreement can lead to contention. Clear communication is essential.
• Financial Control: Disputes often center around money. One spouse may feel they are not receiving a fair share of the marital assets or support.
• Desire for Control: Some individuals contest settlements as a way to exert control over the situation, especially if they feel they are losing power in the relationship.

Steps to Take When Facing a Contested Divorce

If you find yourself in a situation where your spouse is contesting the divorce settlement, here are some key steps to consider:

1. Stay Calm and Focused

The initial step is to remain calm. A contested issue does not mean your divorce has to turn into a battle. With the right guidance, you can often get back on track without dragging things out.

2. Consider Mediation

Mediation is often the best first step to resolve contested issues. This involves a neutral third party who can help facilitate discussions and negotiations between you and your spouse. Mediation can save you time, reduce stress, and potentially avoid court altogether.

3. Revise Agreements

If a specific term, like spousal support, becomes a sticking point, consider revising that section rather than starting over. For example, we recently assisted a couple who had agreed on everything until one spouse changed their mind about spousal support. Instead of scrapping the entire agreement, we helped them revise just that section, and they reached a new agreement after one more round of negotiation.

4. Seek Professional Help

At Divorce661, we specialize in amicable divorces but also know how to step in when things get complicated. If needed, we can:

• Prepare updated agreements
• Coordinate mediation
• Help you file a contested response if the case can’t be resolved outside of court

Benefits of Mediation Over Litigation

Choosing mediation over litigation has several benefits:

• Cost-Effective: Litigation can be expensive, with costs often exceeding tens of thousands of dollars. Mediation is typically much cheaper.
• Time-Saving: Mediation can lead to quicker resolutions, whereas contested divorces can drag on for months or even years.
• Less Stressful: Mediation fosters a more cooperative environment, making the process less emotionally taxing for both parties.
• Confidential: Unlike court proceedings, mediation sessions are private and confidential.

Real Client Story

Let’s take a look at a real client story to illustrate how mediation can work effectively:

We worked with a couple who initially agreed on everything regarding their divorce. However, when spousal support became a contentious issue, one spouse contested the terms. Instead of starting from scratch, we helped them focus on revising just that section. After one additional round of negotiation, they reached a new agreement without needing to go to court.

When to Consider Filing a Contested Response

If mediation fails and you cannot resolve the disputed issues, you may need to file a contested response. This formalizes your position and allows the court to intervene. It’s essential to have legal representation during this process to ensure your rights are protected.

Navigating the Court Process

If it comes down to court, be prepared for the following steps:

• Discovery Phase: Both parties will need to exchange information and evidence relevant to the case. This phase can be lengthy and requires careful management.
• Pre-Trial Hearings: Before the trial, there may be pre-trial hearings to address any preliminary issues and set the stage for the trial.
• Trial: If no agreement is reached, the case will go to trial where both sides present their arguments, and a judge will make a final decision.

Why Choose Divorce661?

Choosing the right support during this challenging time is crucial. At Divorce661, we offer:

• Expertise in flat-fee, amicable divorce
• Assistance with revising agreements and coordinating mediation
• 100% remote service—fast and professional

Conclusion

If your spouse is contesting the divorce settlement, don’t panic. There are options to keep the process moving forward. Whether through mediation or updated agreements, you can often resolve contested issues without escalating the situation. For personalized guidance and support, visit Divorce661.com for a free consultation. We’ll help you explore your options and find a solution that works for you.

Have you run into last-minute disagreements during your divorce? Share your experiences in the comments below!