What Is a Contested Divorce in California?

A contested divorce happens when spouses cannot reach a full agreement on one or more aspects of their separation. These disagreements can involve:

If no agreement is reached through negotiation or mediation, the case proceeds to trial. Each side presents evidence, calls witnesses, and lets a judge decide the outcome. This process can be lengthy—but it may be the only way to secure a fair result if the other spouse refuses to cooperate.

What Happens During the Contested Divorce Process?

Contested divorces in California follow a structured legal process. Our attorneys guide you through each step while protecting your interests and keeping you informed.

Step 1: Filing the Divorce Petition

One spouse initiates the divorce by filing a Petition for Dissolution of Marriage with the court. This document includes basic information about the marriage and outlines initial requests related to support, custody, and property.

The other spouse must be served with the petition and has 30 days to respond.

Step 2: Financial Disclosures

California law requires both parties to exchange financial disclosures, including:

  • Income and expense declarations
  • Schedules of assets and debts
  • Property and investment records

Failure to disclose assets honestly can damage credibility and impact the outcome of the divorce.

Step 3: Temporary Orders

While the divorce is pending, either spouse may request temporary orders for child custody, visitation, support, or exclusive use of property. These orders set the ground rules and provide stability until the final judgment is issued.

Step 4: Discovery

Discovery is the formal legal process of gathering information. This can include:

  • Document requests
  • Interrogatories (written questions)
  • Depositions
  • Requests for admission

Discovery is essential for uncovering hidden assets, evaluating claims, and preparing your case for trial.

Step 5: Settlement Negotiations

Even in contested divorces, settlement is often possible. Mediation or informal negotiation can resolve many issues before reaching trial. Our contested divorce attorneys work to protect your goals while exploring productive resolutions.

Step 6: Trial

If no full agreement is reached, unresolved issues are presented in court. Each side can call witnesses, submit exhibits, and argue their position. The judge then issues binding decisions on each contested matter.

What Issues Commonly Cause Conflict?

Every divorce is unique, but some issues are more likely to result in a contested case. Our attorneys regularly handle high-conflict divorces involving:

Division of Marital Property

California is a community property state, which means all assets acquired during the marriage are typically divided equally. Disputes often arise over:

  • Business ownership
  • Investment accounts
  • Real estate and retirement funds
  • Hidden or undervalued assets

Spousal Support

Spousal support (alimony) can be a major point of contention—especially when one spouse believes the other is underemployed or exaggerating financial need. The court considers many factors, including the length of the marriage, earning capacity, and standard of living.

Child Custody & Parenting Time

Custody disagreements are among the most emotionally charged issues in a contested divorce. Our attorneys advocate for parenting plans that reflect your child’s best interests and support your role as a parent.

Domestic Violence & Safety Concerns

When a divorce involves a history of abuse or threats, court intervention may be necessary. We help clients pursue restraining orders, emergency custody, and protection from harassment throughout the divorce process.

How Long Does a Contested Divorce Take in Los Angeles?

A contested divorce typically takes much longer than an uncontested one. Factors that influence the timeline include:

  • The number and complexity of contested issues
  • The court’s calendar and availability
  • The level of cooperation between spouses

Most contested divorces in California take anywhere from 12 to 24 months to resolve. However, with strong legal strategy and efficient case management, some cases may resolve faster—especially if partial agreements are reached along the way.

Schedule a Consultation
Woman staring sadly at wedding ring

What Are the Costs of a Contested Divorce?

Contested divorces often involve higher legal fees, expert witness costs, court filings, and document preparation. Most of the expense comes from:

  • Attorney preparation time
  • Discovery and document review
  • Court appearances and trial preparation

While no two cases are alike, many contested divorce cases in Los Angeles cost between $12,000 and $20,000. At Atighechi Law Group, we provide clear billing practices, regular updates, and cost-effective strategies whenever possible.

Is a Contested Divorce Right for Me?

A contested divorce may be necessary when:

  • Your spouse refuses to negotiate in good faith
  • There is domestic violence or controlling behavior
  • You believe the other spouse is hiding assets or misrepresenting finances
  • You disagree on custody or visitation arrangements
  • You want to protect your share of significant marital property

Our Los Angeles contested divorce attorneys are prepared to represent your interests—whether through negotiation or litigation.