Contested Divorce Lawyer San Diego
Divorce is never easy, and when major disagreements arise, the process becomes even more challenging. At Enright Family Law, we support clients through contested divorces with a modern, strategic approach tailored to today’s diverse family structures. Whether it’s a dispute over child custody, property division, or spousal support, our San Diego-based legal team stands by your side with strength, clarity, and compassion.
As the definition of family, marriage, and partnership evolves, we recognize that no two divorces look the same. Our firm is built around helping modern families navigate the legal system with dignity—especially when tensions are high and communication breaks down.
What Is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more of the core terms of the divorce. This could include:
- Child custody and visitation
- Division of marital assets and debts
- Spousal support (alimony)
- Child support
- Payment of legal fees
- The grounds or reasons for the divorce
When these disagreements cannot be resolved through negotiation or mediation, the case may proceed to court. Contested divorces often involve formal discovery, multiple hearings, and even a trial—making it crucial to have a skilled attorney who can protect your interests every step of the way.
At Enright Family Law, we understand the emotional, financial, and legal weight a contested divorce carries—and we’re here to lift some of that burden for you.
Why Do Contested Divorces Happen?
Many couples initially aim for a peaceful separation. But even with the best intentions, divorce can surface deeply rooted differences. A contested divorce can stem from:
- Unequal parenting expectations
- Disagreements over money or property
- Hidden assets or mistrust
- Concerns over a child’s best interests
- Allegations of abuse, addiction, or neglect
- Different views on what’s “fair”
For modern families—whether blended, co-parenting across households, LGBTQ+ partnerships, or long-term domestic partnerships—the complexity often increases. That’s where we come in.
Key Issues in Contested Divorces
1. Child Custody and Visitation
Disputes over parenting arrangements are among the most emotionally charged aspects of a contested divorce. California courts prioritize the best interests of the child, which involves evaluating factors like parental involvement, emotional bonds, stability, and safety.
We work to create parenting plans that reflect the realities of modern parenting, including shared custody, flexible schedules, and non-traditional family roles. Our priority is protecting your relationship with your child while advocating for what’s right.
2. Division of Property and Assets
California is a community property state, meaning most assets acquired during the marriage are subject to equal division. However, complexities arise when distinguishing between marital and separate property, handling business ownership, or dividing retirement accounts.
We take a comprehensive approach to uncovering all relevant assets and ensuring a fair distribution that supports your long-term goals.
3. Spousal Support
Also known as alimony, spousal support can be a significant point of contention. One spouse may feel they’re owed financial support after sacrificing career opportunities for the family, while the other may feel support is unjustified.
We help determine what is reasonable under California law, considering factors such as earning capacity, duration of marriage, and standard of living.
4. Child Support
California uses a formula to calculate child support, but it’s not always straightforward—especially in high-conflict cases or where one parent is self-employed. We ensure that child support calculations are accurate, and we advocate for proper enforcement or modification when needed.
5. Legal Fees
In some cases, one spouse may request that the other pay for their legal representation. If there’s a significant financial imbalance, the court may grant this request. We evaluate whether this applies to your case and ensure fairness in cost allocation.
The Legal Process in a Contested Divorce
A contested divorce typically follows this timeline:
- Petition for Divorce: One spouse files and serves the divorce paperwork.
- Response: The other spouse has 30 days to respond.
- Discovery Phase: Both sides exchange information and financial documentation.
- Motions & Hearings: Temporary court orders may be requested.
- Negotiation or Mediation: Settlement is often attempted before trial.
- Trial: If issues remain unresolved, a judge will make the final decisions.
- Judgment: The court’s ruling becomes binding, legally finalizing the divorce.
This process can take several months or longer depending on the complexity of your case. That’s why having the right attorney—one who understands the personal nuances and legal strategies of contested divorce—is essential.
Why Choose Enright Family Law?
What sets us apart is our commitment to the evolving needs of modern families. We understand that your family structure, priorities, and values may not align with traditional models—and that’s not just okay, it’s expected in today’s world.
Whether you’re navigating:
- A divorce between domestic partners
- Co-parenting challenges in non-traditional households
- LGBTQ+ custody and asset disputes
- High-asset property division
- A complex custody battle with psychological components
We are here to support your goals, protect your rights, and move you forward.
How We Can Help
At Enright Family Law, we help clients across San Diego resolve contested divorces with the legal strength and modern understanding today’s families need. Our approach is both compassionate and strategic. We’ll advocate fiercely for you while also encouraging solutions that minimize harm and promote healing.
If you’re facing a contested divorce, don’t go through it alone. We’re here to listen, to fight, and to guide you toward a future that reflects your values and protects what matters most.
Schedule a consultation with Enright Family Law today. Let’s find a better path forward—together.