Roseville Contested Divorce Lawyer

If spouses do not agree on one or more issues required for divorce, the case may become contested. When spouses do not agree to the terms of divorce, a Roseville contested divorce attorney may assist. In California, contested divorces have nothing to do with anger or convincing a judge. They do, however, involve process and court rulings. If you live in Roseville and need to file a contested divorce or end up in one, it can help to understand how it works.

Contested divorce cases involve disagreements on the division of property, spousal support, child custody, child visitation and/or child support. When a divorce in California is contested, it often feels intimidating, but California law and local court rules create a framework to reach fair and enforceable resolutions.

Understanding California Contested Divorce Laws

When a couple cannot agree on all of the issues that must be resolved before judgment, the divorce is classified as contested. Per California Family Code §2310, couples may file for divorce based on irreconcilable differences with remaining issues undecided. When there are contested issues, the court must decide them.

California is a community property state. Each spouse has an equal interest in property that is acquired during the marriage (date of marriage to the date of separation). Per the California Family Code §70, the date of separation is the date that there was a complete and final break in the marriage.

How Courts Make Decisions

Judges base their decisions on legal principles and judicial discretion. It is beneficial to have a Roseville contested divorce attorney represent you to help you knowledgably through the divorce process. The legal system does not prioritize which party began the disagreements or who seems more sympathetic. The main decisions that are typically made include:

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

Since many of these issues require financial insight, the courts typically review each spouse’s income, earning capacity, age, the length of the marriage, and the standard of living during the marriage. Child custody and child visitation are determined based on the best interests of the child.

When Litigation May Be Necessary

Many contested divorce cases settle before trial. However, there are times when litigation in court is the appropriate way to resolve issues when spouses cannot agree. Some spouses choose to deceive during their financial disclosure or fail to disclose assets and contest the values of assets, while others disregard informal agreements.

Litigation can provide consequences when one party is unable to negotiate in good faith. Litigation may also be necessary to divide complicated finances and assets. Placer County contested divorce cases fall under the Placer County Superior Court. Roseville hearings usually take place at the Placer County Superior Court at 10820 Justice Center Drive, Roseville, CA 95678. A Roseville contested divorce attorney can help you in the legal process.

Hire a Contested Divorce Attorney

Located in Auburn and serving surrounding areas in Placer County, the Law Office of Sara S. Thompson, PC provides consistent and client-focused representation for family law cases. Sara was born and raised in Sonoma, where she gained a Northern California sensibility. She was a former paralegal and is also a stepparent, giving her unique insight into the procedural and personal sides of contested divorces.

When you hire a contested divorce attorney with the Law Office of Sara S. Thompson, PC, you gain an advocate for your future. Contact us today for more information.