How to Deal with a Contested Divorce in California | California Divorce

Posted by Tim Blankenship on

 

How to Deal with a Contested Divorce in California

If you and your spouse cannot agree on custody, property division, or support, you are facing a contested divorce. In California, and especially in Los Angeles, contested cases are complex, time consuming, and often costly. Understanding the process will help you stay prepared, reduce surprise, and make strategic decisions that protect your financial and emotional well-being.

Overview: What Makes a Divorce Contested?

A divorce becomes contested when one spouse files the petition and the other spouse responds but disagrees on one or more key issues. Typical contested issues include:

  • Child custody and visitation
  • Division of assets and debts
  • Spousal support and child support

Once those disagreements are on the table, the court will ultimately be asked to decide if the parties cannot settle the disputes themselves.

Step-by-Step: The Contested Divorce Process

1. Filing the Petition and Service

The process begins when one spouse files a petition for dissolution of marriage and serves it on the other spouse. The respondent then files a response. If the response disputes one or more important issues, the case is officially contested.

2. Financial Disclosures and Temporary Orders

California requires both parties to exchange full and complete financial information. This disclosure is essential because it frames settlement negotiations and court decisions. While the case is pending, the court may issue temporary orders regarding custody, child support, spousal support, or who pays certain bills.

3. Discovery: Exchanging Evidence

Discovery is the formal process of collecting and exchanging evidence. Typical discovery tools include:

  • Interrogatories (written questions)
  • Requests for production of documents (bank records, tax returns, etc.)
  • Requests for admissions
  • Depositions (formal sworn testimony)

During discovery you may also exchange custody evaluations, financial expert reports, appraisals, and other expert findings. Discovery can be one of the most time consuming and costly phases of a contested case.

4. Mediation and Settlement Conferences

California courts typically require parties to attempt mediation or attend settlement conferences before going to trial. Mediation is a private, less adversarial process where a neutral mediator helps the parties negotiate. It is encouraged because it can reduce conflict, save money, and produce outcomes tailored to both parties’ needs.

5. Trial

If mediation and settlement efforts fail, the case proceeds to trial. At trial each side presents evidence, calls witnesses, and argues legal positions. The judge then makes binding decisions on contested issues. Trials can be lengthy and expensive, and in busy jurisdictions like Los Angeles they can add months or even years to the overall timeline.

Costs and Timeline: What to Expect

Contested divorces in Los Angeles often cost tens of thousands of dollars, especially when attorneys, expert witnesses, and aggressive litigation strategies are involved. The filing fee by itself is roughly $435 at the outset. Beyond filing fees, costs accumulate from attorney fees, discovery costs, expert reports, mediation fees, and court appearances.

Timelines vary. Some contested matters resolve in a few months, but many drag on for a year or more. In Los Angeles, court schedules and busy calendars can extend the process significantly.

Practical Tips to Manage a Contested Divorce

While every case is unique, these practical steps help you stay organized and make better decisions throughout the process:

  • Gather and organize financial documents early: tax returns, pay stubs, bank statements, retirement account statements, mortgage and loan documents, credit card statements, and business records.
  • Keep a log of parenting exchanges, important dates, and communications with your spouse.
  • Be ready for discovery: preserve documents and avoid deleting electronic records that could be requested.
  • Prepare for mediation: know your priorities, your realistic bottom line, and the areas where you can compromise.
  • Consider cost-benefit before pursuing prolonged litigation. Ask whether each dispute is worth the time and money to litigate.

How We Help

At Divorce661 we guide clients through each stage of a contested divorce. Our services include:

  • Responding to petitions and organizing financial disclosures
  • Managing discovery and preparing documents
  • Coordinating custody evaluations and financial expert reports
  • Preparing clients for mediation and settlement conferences
  • Strategizing whether to settle or proceed to trial to protect your interests and manage costs

Our goal is to reduce conflict, save time, and protect your financial and emotional well-being throughout the process.

Final Thoughts and Next Steps

Contested divorces are challenging, but you do not have to navigate them alone. Understanding the steps—filing, disclosures, discovery, mediation, and possibly trial—helps you stay in control and make informed decisions. If you are facing a contested divorce in Los Angeles and want help managing the process, visit divorce661.com and schedule a free consultation. We will help you make strategic decisions, manage costs, and pursue the best outcome, whether through settlement or a court decision.

“Our goal is to reduce conflict, save time, and protect your financial and emotional well-being.”

How to Deal with a Contested Divorce in California? | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Deal with a Contested Divorce in California? | Los Angeles Divorce

A contested divorce can turn your life upside down. When spouses cannot agree on custody, property division, or support, the court steps in to decide for you. Once your spouse disagrees with your filing, the divorce becomes contested and the process changes significantly. Understanding the steps ahead, the timelines, and how to manage costs and conflict will make a big difference in the outcome and your stress level.

What makes a divorce contested?

Once your spouse disagrees with your filing, the divorce becomes contested.

A divorce becomes contested when one party objects or files a response that disputes issues raised in the petition. Typical areas of disagreement include:

  • Child custody and visitation
  • Child support and spousal support
  • Division of community and separate property
  • Debt allocation
  • Temporary orders (who lives where, who pays what while the case is pending)

When disputes cannot be resolved informally, the court will get involved and the case will move into formal procedures designed to surface the facts and, if necessary, prepare the issues for trial.

Temporary orders: custody and support while the case is pending

While the case is pending, either party can request temporary orders to address immediate needs. These temporary orders can cover custody, visitation, spousal support, child support, and who stays in the family home. Temporary orders are important because they shape day-to-day life until a final judgment is entered.

Discovery and financial disclosures: get your facts in order

Discovery is a crucial phase in any contested divorce. Both sides must exchange financial disclosures and other relevant information so the court and the parties can make informed decisions. Discovery can include:

  1. Requests for production of documents, such as bank statements, tax returns, property records, and business records
  2. Interrogatories, which are written questions that must be answered under oath
  3. Depositions, where a party or witness answers questions under oath in person
  4. Subpoenas to third parties, like employers or financial institutions

Sometimes discovery reveals complex issues that require expert assistance. You may need custody evaluations, forensic accountants, valuators for businesses, or other specialists to prepare accurate reports. These evaluations and expert reports help clarify disputed facts and strengthen your case if it proceeds to trial.

Common documents and evidence to gather

  • Recent tax returns and W-2s
  • Bank and investment account statements
  • Mortgage and property records
  • Credit card and loan statements
  • Pay stubs and employment records
  • Business financials if one party owns a business
  • Communications relating to custody, support, or finances

Mediation and settlement conferences: required steps before trial

Before a contested divorce can go to trial, courts often require mediation or settlement conferences. These sessions push parties to negotiate and try to resolve disputes outside of a formal courtroom setting. Mediation is valuable because it:

  • Helps parties reach tailored agreements without the uncertainty of a judge deciding
  • Can significantly reduce legal fees and emotional strain
  • Preserves more control over outcomes like custody schedules and property division

If mediation works, you save time and money. If it does not, your case proceeds toward trial where unresolved issues will be decided by a judge.

If mediation fails: what to expect at trial

If you cannot reach an agreement, the case proceeds to trial. Trials are formal, evidence-driven proceedings that typically involve attorneys and experts presenting testimony and documents to the judge. Expect:

  • Extensive pre-trial work, including motions, witness lists, and trial exhibits
  • Expert witnesses such as custody evaluators or financial forensic experts
  • Multiple court appearances and hearings
  • A final hearing where the judge issues orders on custody, support, and property division

In Los Angeles, contested divorce trials can be prolonged and expensive. Between attorney fees, expert costs, and court time, costs can escalate into the tens of thousands of dollars. Trials can take months or longer from start to finish, especially in busy jurisdictions.

Trial strategy and reducing conflict

Approaching a contested divorce with a clear strategy reduces cost and conflict. A focused strategy includes:

  • Prioritizing issues to determine where compromise is possible
  • Using discovery strategically to narrow disputes rather than escalate them
  • Engaging experts only when their input will materially affect outcomes
  • Preparing witnesses and exhibits in advance to avoid surprises at trial
  • Keeping the court’s attention on the facts that matter most to the resolution

Managing conflict is not just about being less combative. It is about efficient case planning, smart use of resources, and realistic expectations about costs and timing.

Practical tips to protect yourself during a contested divorce

  • Start gathering financial documents early and organize them clearly
  • Keep written records of major communications about custody, finances, and agreements
  • Limit social media activity that could be used in court
  • Consider mediation or collaborative strategies before committing to a full trial
  • Get clear cost estimates from attorneys and ask about flat-fee options to control expenses
  • Focus on settlement where possible to minimize emotional and financial costs

Next steps and where to get help

Contested divorces are complex, especially in Los Angeles and across California. If you are facing disputes over custody, property, or support, take action early: gather documents, speak with a qualified professional, and consider mediation before trial. If trial becomes necessary, a careful strategy can reduce the time, cost, and conflict involved.

If you want help navigating a contested divorce, schedule a free consultation at Divorce661.com. We provide guidance through petitions, disclosures, mediation, and trial preparation, and offer flat-fee divorce options to help manage costs while focusing on reducing conflict and moving your case forward efficiently.

Question to consider

Do you think most contested divorces could be resolved with mediation? Reflect on that as you plan your next steps.

How to Deal with a Contested Divorce in California? | Los Angeles Divorce

Posted by Tim Blankenship on

 

⚔️ How to Deal with a Contested Divorce in California? | Los Angeles Divorce

I’m Tim Blankenship from Divorce661. If you’re facing a contested divorce in California—especially in Los Angeles—you’re not alone. When spouses can’t agree on custody, property division, or support, the court often steps in and the process becomes contested. In this article I’ll walk you through what to expect, how the process works, and practical steps to protect your interests while managing time and costs.

Quick overview

  • When a spouse responds and disagrees, the case is contested.
  • Temporary orders for support or custody may be issued while the case is pending.
  • Discovery and financial disclosures are central to building your case.
  • Mediation or settlement conferences are typically required before trial.
  • If no settlement is reached, the case goes to trial—often lengthy and expensive in Los Angeles.

What makes a divorce “contested”?

A divorce becomes contested the moment your spouse disagrees with the petition you filed. Disagreement can be about child custody, spousal or child support, property division, or any number of related issues. Once contested, courts will move beyond the initial paperwork and begin a formal dispute-resolution process.

“Once your spouse disagrees with your filing, the divorce becomes contested.”

Temporary orders: support, custody, and more

While the divorce is pending, courts may issue temporary orders to address immediate needs—typically temporary child custody, visitation schedules, child support, spousal support, or who lives in the family home. These orders are meant to keep both parties stable and protect children while the case proceeds.

Discovery and financial disclosures: the backbone of a contested case

Discovery is where the facts of your marriage—income, assets, debts, and parenting practices—get revealed. Transparency matters: both sides exchange financial disclosures and collect evidence to support their positions.

Common discovery steps

  • Requesting documents (bank statements, tax returns, property deeds, retirement account statements).
  • Answering written questions (interrogatories).
  • Depositions—formal sworn testimony taken before trial.
  • Subpoenas to third parties when needed.

When experts become necessary

Some contested cases require expert involvement to resolve complex issues. You may see:

  • Custody evaluations by mental health professionals to assess the best interests of the child.
  • Forensic accountants or financial experts to value businesses, divide complex assets, or analyze income for support calculations.

These experts help the court and attorneys get a realistic, evidence-based view of disputed matters.

“Discovery is a crucial phase where both parties exchange financial disclosures and gather evidence.”

Mediation and settlement conferences: the court’s preferred path

Before most courts will allow a contested case to go to trial, they require the parties to attempt mediation or participate in a settlement conference. These sessions are designed to encourage negotiation and resolution without the expense and unpredictability of a trial.

Mediation can save time, reduce attorney fees, and produce more flexible, private outcomes than a court order. Even when mediation doesn’t resolve everything, it often narrows issues and shortens trial time.

Going to trial: what to expect

If mediation and settlement efforts fail, your case will proceed to trial. Trials involve presentation of evidence, witness testimony, expert reports, and legal arguments. A judge—not a jury—decides unresolved issues in family court.

Expect a trial to be:

  • Time-consuming—preparation and multiple court appearances add up.
  • Expensive—attorneys, expert witnesses, and court costs can push totals into the tens of thousands.
  • Emotionally draining—trials increase conflict and uncertainty for families, especially children.

“If no agreement is reached during mediation, the case proceeds to trial. This can be a lengthy and costly process involving attorneys and experts.”

Why Los Angeles contested divorces often take longer and cost more

Los Angeles County has a heavy court docket and high demand for legal and expert services. That means longer waits for hearings and trials, higher fees for professionals, and more expensive litigation overall. Managing conflict early and seeking efficient resolution strategies is especially important here.

Practical tips to protect yourself during a contested divorce

  • Start organizing financial records now—bank statements, pay stubs, tax returns, deeds, titles.
  • Be truthful in disclosures—misrepresentations can backfire legally and financially.
  • Consider mediation or collaborative law early to reduce costs and preserve control over outcomes.
  • Discuss potential experts with your attorney to understand costs and likely benefits.
  • Plan for temporary orders and how they will affect your living arrangements and finances.

How Divorce661 can help

At Divorce661, we guide clients through petitions, disclosures, discovery, mediation, and trial preparation with a focus on reducing conflict and managing costs. We offer flat-fee divorce options to help control expenses and a strategic approach to trial preparation when litigation is unavoidable.

If you’re facing a contested divorce in Los Angeles or anywhere in California, visit Divorce661.com to schedule a free consultation. We’ll help you understand your options, develop a strategy, and move your case forward with confidence.

Conclusion

Contested divorces are complex, emotionally charged, and often costly—especially in Los Angeles. Understanding the process (temporary orders, discovery, mediation, and trial) and taking proactive steps can protect your rights and reduce unnecessary expense. Early strategy, honest disclosures, and thoughtful use of mediation can make a real difference.

Do you think most contested divorces could be avoided with mediation? I’d love to hear your thoughts.

 

Why Going to Trial Is Better Than Default Divorce in Santa Clarita | Los Angeles Divorce

Posted by Tim Blankenship on

 

Why Going to Trial Is Better Than Default Divorce in Santa Clarita

Divorce can be a complex and emotionally charged process, especially when it comes to navigating the legal system. Many people believe that pushing through a default judgment—where one party does not respond or contest the divorce—is the quickest and easiest way to finalize matters. However, as Tim Blankenship of Divorce661 explains, opting for a trial rather than a default judgment can actually be more advantageous in the long run.

The Pitfalls of Default Divorce Judgments

When one spouse files for divorce and the other does not respond or engage with the process, the court may issue a default judgment. This might seem like a straightforward path to finalize the divorce quickly, but it comes with significant risks. A default judgment means that one party essentially loses the opportunity to present their side, negotiate terms, or contest any claims made by the other spouse.

Tim Blankenship advises:

“It’s better for you to have your spouse fight you in the divorce and file a response and go to court and go to trial than trying to push through a default judgment—that’s how tricky they are.”

This highlights a crucial point: default judgments can be tricky and may not serve your best interests. Without active participation, you lose control over important decisions related to property division, child custody, support payments, and other critical issues.

Why a Trial Can Be More Beneficial

Engaging in a trial means both parties are actively involved in the divorce process. Here’s why this is often a better path:

  • Opportunity to be heard: A trial allows both spouses to present evidence, share their perspective, and challenge claims made by the other side.
  • Fair negotiation: When both parties are engaged, there is more room for negotiation and reaching a mutually acceptable agreement.
  • Legal protections: Courts can make informed decisions based on the facts presented, ensuring that the final judgment is fair and equitable.
  • Prevents surprises: Default judgments can sometimes lead to unexpected or unfavorable outcomes because one side did not participate in the process.

Understanding the Divorce Process in Santa Clarita

Santa Clarita residents navigating divorce should be aware that the court system values participation and fairness. When a spouse responds to a divorce filing and contests aspects of the case, the court has the opportunity to evaluate all relevant information. This can lead to a more balanced resolution that protects your rights and interests.

While going to trial might seem intimidating, it’s often a necessary step to ensure that your voice is heard and your concerns are addressed.

Key Takeaways

  1. Default divorce judgments may seem easier but can result in unfavorable outcomes.
  2. It’s better to have your spouse actively respond and engage in the process, even if it means going to trial.
  3. A trial provides a platform for fair negotiation and legal protection.
  4. Being proactive in your divorce case helps safeguard your rights and interests.

Conclusion

Divorce is never simple, but choosing the right legal approach can make a significant difference. Rather than attempting to push through a default judgment, it’s often wiser to allow the process to unfold through a trial where both spouses participate. This approach not only protects your interests but also helps ensure a fair and equitable resolution.

If you’re facing a divorce in Santa Clarita, remember the importance of engagement and legal representation. Don’t let the complexities of the process discourage you—embrace the opportunity to be heard and protect your future.