Contested Divorce
Divorce is never easy, especially when both parties don’t see eye to eye. In today’s world—where family dynamics, marriage, and relationships are increasingly complex—a contested divorce is sometimes necessary to resolve deep-seated disagreements regarding assets, custody, or support. At Enright Family Law, we serve modern families with the guidance and advocacy they need during difficult divorce proceedings.
Whether it’s about property division, parenting rights, or financial disputes, a contested divorce demands clarity, strength, and strategy. This guide explains what a contested divorce involves, when it’s required, what the process looks like, and how we support clients through every phase.
What Is a Contested Divorce?
A contested divorce occurs when spouses are unable to agree on one or more critical issues in their separation. These disagreements may involve:
- Division of marital assets or debts
- Child custody and visitation
- Child support or spousal support (alimony)
- Business ownership or property interests
- Allegations of abuse, infidelity, or hidden assets
Unlike uncontested divorces, which are settled amicably and out of court, contested divorces usually require judicial intervention. This means litigation, court hearings, evidence presentation, and ultimately, a judge making the final decisions.
Why Do Couples Choose or End Up in Contested Divorce?
Contested divorces aren’t always a matter of choice. In many cases, one spouse may be unwilling to negotiate fairly, or serious legal issues—such as domestic violence or child safety—require a courtroom setting for resolution.
Here are common reasons couples pursue contested divorce:
- Emotional Conflict: When trust is broken or communication fails, it’s difficult to compromise.
- High-Value Assets: Disputes over business interests, real estate, or retirement funds often complicate settlements.
- Parenting Disagreements: Disputes about custody arrangements, school decisions, or visitation schedules can become contentious.
- Suspicions of Financial Misconduct: If one spouse believes the other is hiding assets or income, it can fuel litigation.
- Power Imbalances: A contested process can be essential to ensure a fair outcome when one party attempts to dominate or manipulate the divorce terms.
At Enright Family Law, we understand that every family is different—and we never assume that a contested divorce is about drama. Sometimes, it’s the necessary path to protect your future.
The Contested Divorce Process in California
1. Petition and Response
One spouse files a Petition for Dissolution of Marriage and serves the other. The responding spouse may file a formal response that outlines their disagreements.
2. Discovery Phase
Both parties exchange financial documents, property records, business valuations, and other relevant information. This process can uncover previously undisclosed assets and clarify each party’s position.
3. Temporary Orders
Courts may issue temporary orders regarding custody, support, or who remains in the marital home. These orders last until the final judgment.
4. Mediation or Settlement Conferences
Before proceeding to trial, California courts often require mediation or settlement conferences. These meetings aim to resolve as many issues as possible outside of the courtroom.
5. Trial Preparation
If no agreement is reached, both sides begin preparing for trial. This involves legal motions, evidence gathering, witness selection, and trial strategy.
6. Divorce Trial
Each side presents arguments, evidence, and witness testimony before a judge. The judge makes the final ruling on all unresolved issues.
7. Judgment and Appeals
After trial, the court issues a judgment. If either party believes a legal error occurred, they may appeal—but appeals are time-consuming and rare.
Key Challenges in Contested Divorce
Contested divorces are more time-consuming, emotionally taxing, and expensive than uncontested divorces. They can take months or even years to resolve depending on the complexity of the issues and the willingness of each party to cooperate.
Here are some challenges to expect:
- Legal Complexity: Disputes often involve California family law, community property rules, and custody guidelines.
- Emotional Strain: Ongoing conflict can impact your well-being and ability to parent effectively.
- Financial Pressure: Extended litigation means higher legal fees, possible temporary support, and financial uncertainty.
- Impact on Children: Custody battles can create stress for children if not handled with care.
That’s why working with a firm like Enright Family Law—focused on modern, compassionate legal strategy—can make all the difference.
Contested Divorce and Modern Families
Today’s families no longer fit a single mold. We represent:
- Same-sex couples navigating separation and shared custody
- Unmarried partners who own property together
- Parents from blended families negotiating complex visitation
- Professionals balancing high-net-worth assets and co-parenting
- Couples who need strong advocacy after domestic conflict
At Enright Family Law, we believe modern family law should reflect modern realities. A contested divorce isn’t just about ending a marriage—it’s about protecting your rights, your children, your assets, and your future.
Alternatives to Full Litigation
While some cases require a full trial, there are alternative dispute resolution methods that can reduce conflict and legal expenses:
- Mediation: A neutral third-party mediator helps both sides reach compromise. Often required by the court before trial.
- Collaborative Divorce: Each spouse retains a trained collaborative attorney and commits to resolving the dispute out of court.
- Settlement Negotiations: Sometimes, an agreement can be reached during the process, even after a contested start.
A contested divorce doesn’t mean you can’t settle—it simply means you haven’t yet. We help many clients resolve difficult cases mid-process by finding strategic paths to agreement.
How We Can Help
At Enright Family Law, we don’t believe in one-size-fits-all solutions. Our mission is to help families navigate contested divorces with dignity, clarity, and strong legal protection.
Here’s how we support you:
- We carefully evaluate the strengths and weaknesses of your case
- We gather evidence and advocate for your rights at every step
- We negotiate assertively but respectfully to pursue fair outcomes
- We represent you with skill in court if litigation becomes necessary
- We center your goals—whether that’s protecting your children, preserving assets, or finding closure
Modern families deserve modern legal representation. If you’re facing a contested divorce in contact Enright Family Law today for a consultation and take control of your future.