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Ending a marriage is never easy, and the process can be made even more challenging if one party contests the divorce. This situation may be especially tough for those in California, as the state has unique laws regarding divorce.
If you or someone you know is considering contesting a divorce in California, it's essential to understand what you can and cannot do and the implications that come with it. In this blog post, we'll explore whether you can fight a divorce in California and what legal options you have.
What Is a Contested Divorce and How Can It Help Me Fight a Divorce in California?
Before we dive right in, let's first explain what a contested divorce is. A contested divorce occurs when one spouse disagrees with the divorce or with specific aspects of the divorce settlement, such as the property division or child custody arrangements.
Now, can you fight a divorce in California? The short answer is yes, but it's important to note that California follows a no-fault divorce policy. This means that either party can file for divorce without needing to prove that the other party did something wrong.
However, if one spouse contests the divorce, the divorce proceedings become more complicated and take longer to complete. This is because the contesting spouse must provide grounds or evidence for why they believe the marriage should not be dissolved. Common grounds for contesting a divorce in California include:
- Fraud
- Coercion
- Duress on the part of one spouse
- Physical or emotional harm
- Disputes around the division of assets
If you wish to contest a divorce in California, you must file a response to the divorce petition within 30 days of being served with the papers. The response will state your position on various issues and may include a request for adjustments to the proposed property division, spousal support arrangements, or child custody arrangements. If both parties cannot reach a settlement, the case will go to trial, and a judge will decide on all issues at hand.
It's essential to understand that fighting a divorce in California can be an expensive and time-consuming process. While it's possible to do so, it's generally recommended that couples instead seek mediation or collaborative divorce proceedings instead of going to trial. These options can help reduce tensions and costs and are often more successful at producing satisfactory outcomes for both parties.
Should I Contest My Divorce or Seek Alternatives?
Contesting a divorce in California is possible, but it's essential to weigh the potential costs and outcomes beforehand. If you have grounds for contesting a divorce, it's crucial to act quickly and hire an experienced attorney to guide you through the process. On the other hand, if both parties can collaborate and come up with a fair settlement, this is often the preferred option as it saves time, money, and emotional stress.
Whatever your decision may be, remember that ending a marriage is never easy, and seeking support from family, friends, and professionals can greatly help you during this difficult time.
Need help with a Contested Divorce? Call Arnold Law Group, APC at 559.900.1263 or get in touch with us online today to set up a confidential consultation with our experienced contested divorce attorneys in Fresno.