Torrance Contested Divorce Lawyer
What Is a Contested Divorce in California?
A contested divorce is when spouses do not agree on some or all the terms of their divorce. Typically, this means they cannot reach a consensus about matters such as child custody, child support, spousal support, property division, and other key aspects of the divorce settlement.
Contested divorces are frequently complex, and they can put emotional and financial strains on the involved parties. This is where Michael D. Shook, Attorney At Law, can help. Since 1994 attorney Shook has been guiding families through divorces and fighting for their rights and best interests at every turn. With your case in his hands, you can feel confident navigating California’s divorce process. He offers affordable services and payment plans for those who need them.
To speak with a contested divorce lawyer in Torrance with unparalleled experience and unwavering commitment to serving California families, call Attorney Shook today. Initial case reviews are free, so there is no reason to wait to find out what he can offer.
Call (310) 361-2977 or get in touch online. Our contested divorce attorney in Torrance is ready to help.
How is the California’s Divorce Process?
California’s divorce process includes four major steps: initiating the divorce, exchanging information, settling the divorce terms, and finalizing the divorce.
Below we have described what these divorce steps entail:
- Initiating the Divorce: One spouse (the petitioner) must file for divorce with the court. Then, they must serve a copy of the filing to the other spouse. The spouse who is served divorce papers has 30 days to respond.
- Exchanging Information: Spouses must share information about their finances and assets, which courts may use when dividing property. Additionally, spouses may request temporary orders before engaging in negotiations to handle matters related to child custody or use of marital property.
- Settling the Divorce Terms: Spouses must negotiate their divorce settlement. If they cannot, they may choose to participate in mediation. If neither negotiations nor mediation work, a judge must settle the divorce case.
- Finalizing the Divorce: Once parties have resolved all disputes, a judge will sign the divorce “judgment,” a binding document that specifies the terms of the divorce. The divorce is final after the judgment has been signed and filed.
Key Considerations in a Contested Divorce
Divorce involves numerous critical decisions that can significantly impact your future. Understanding these key considerations is essential for navigating the process effectively and ensuring that your rights are protected.
Division of Property
California is a community property state, meaning that assets acquired during the marriage are generally considered equally owned by both spouses. This includes real estate, bank accounts, retirement funds, and debts. It’s essential to identify and value all marital assets and debts during the divorce process. Our Torrance contested divorce attorney can assist in negotiating a fair distribution that takes into account the unique circumstances of your situation.
Child Custody, Support and Visitation
If children are involved, determining custody arrangements will be a crucial aspect of the divorce. Courts typically aim for outcomes that are in the best interests of the child. This can involve joint custody, sole custody, or visitation rights. Additionally, child support may be required, calculated based on the income of both parents and the needs of the child.
Spousal Support (Alimony)
Depending on the financial circumstances of both spouses, spousal support may be awarded. This support aims to help the lower-earning spouse maintain a similar standard of living post-divorce. Factors influencing spousal support decisions include the duration of the marriage, the standard of living during the marriage, and the financial resources of both parties.
Why Is Divorce So Complicated?
Divorces can be fraught and challenging due to a variety of factors. Feelings of anger, sadness, betrayal, and loss can complicate decision-making and communication, making it challenging to reach agreements on important issues.
Divorces also often involve children. Determining child custody and visitation arrangements can be one of the most contentious aspects of the process. Both parents may have different opinions on the best interests of the child, which leads to taxing negotiations.
In addition to the above, divorces have the potential to be financially difficult. From paying for the divorce to worrying about property division or whether the settlement will include child or spousal support, money can be a big factor in divorce.
With so much at stake in contested divorces, it can be beneficial for individuals to turn to various professionals, whether it is a family law attorney, therapist, or financial advisor. The support these people offer could prove to be invaluable.
How Our Torrance Contested Divorce Attorney Can Help?
Torrance contested divorce lawyer Michael D. Shook is a veteran of Los Angeles County Courts. No matter the case, he puts his knowledge and skill to use, working tirelessly for the outcomes he knows his clients and their families need.
Here is what those who turn to Attorney Shook can also expect:
- Individualized Strategy: He communicates directly with every client and develops legal strategies tailored to their best interests.
- Skilled Negotiation: Our attorney has a wealth of experience representing clients in negotiation and mediation. He strives to minimize conflict and find mutually agreeable solutions.
- Aggressive Courtroom Representation: Should a case go to court, Attorney Shook is prepared to litigate a case and advocate for the rights of his clients.
- Compassionate Support: After over three decades of practicing family law, Attorney Shook has seen the toll these cases take. That is why he works compassionately with clients and their families.
Are you interested in scheduling a free case review? Call (310) 361-2977 or fill this online form to learn what Attorney Shook can do for you.
Commonly Asked Questions
How Long Does a Contested Divorce Take in California?
The duration of a contested divorce in California can vary significantly, typically ranging from several months to over a year. Factors influencing the timeline include the complexity of the issues involved, the court's schedule, and whether mediation or trial is necessary. If both parties are unwilling to negotiate or reach an agreement, the process can be extended further.
What is the Difference Between Contested and Uncontested Divorce in California?
A contested divorce occurs when the spouses cannot agree on one or more key issues, requiring court intervention to resolve the disputes. An uncontested divorce, on the other hand, happens when both spouses agree on all terms, allowing for a smoother and quicker resolution without the need for a court trial.
What is a Wife Entitled to in a Divorce in California?
In a divorce in California, a wife is generally entitled to a fair and equitable division of marital property and debts. This includes assets acquired during the marriage, such as real estate, bank accounts, and retirement funds. Additionally, a wife may be entitled to spousal support (alimony) depending on factors like the length of the marriage, standard of living, and financial circumstances of both spouses.
Who Pays for a Divorce in California?
The responsibility for paying divorce-related costs can depend on various factors, including the financial situation of both spouses and the specifics of the case. Typically, each party pays for their attorney fees, but in some situations, one spouse may be required to contribute to the other’s legal expenses, especially if there is a significant disparity in income. Additionally, court costs and fees are generally borne by the spouse who files for divorce.
Can One Spouse Refuse Divorce in California?
While one spouse can express a desire to remain married, they cannot prevent the other spouse from filing for divorce in California. California is a no-fault divorce state, meaning that one spouse can file for divorce based on irreconcilable differences without the other spouse’s consent. If one spouse does not respond or appear in court, the divorce can proceed as a default.