Not all divorces proceed smoothly. When spouses cannot agree on important issues like property division, spousal support, or child custody, the divorce becomes contested. Understanding what a contested divorce entails and why having legal representation is essential can help you prepare for the road ahead.
What Makes a Divorce Contested?
A contested divorce occurs when the parties have disagreements on some or potentially all of the issues in their case. These disagreements might involve how to divide marital property, whether one spouse should pay support to the other, or how custody and parenting time should be arranged.
Any unresolved issue can make a divorce contested. Common areas of dispute include the division of real estate, retirement accounts, and other assets, as well as disagreements about child custody arrangements and support obligations.
How Long Do Contested Divorces Take?
Contested divorces take significantly longer than uncontested cases because the disputed issues must be worked through, either by eventually reaching an agreement or by having a judge decide after litigation. The timeline depends heavily on the number and complexity of the issues involved.
At minimum, a contested divorce typically takes at least six months to a year to resolve. However, highly contested cases, especially those involving custody battles, can stretch on for two or even three years. When parents are frequently returning to court to address ongoing disputes, the process can extend well beyond the initial divorce judgment.
Court schedules, hearings, and motions all add time to the process. Each disputed issue may require court appearances, evidence gathering, and potentially trial, all of which contribute to the extended timeline of contested cases.
Why Legal Representation Matters in Contested Cases
While California law does not require you to have an attorney to get through a contested divorce, representing yourself is generally not advisable. When you have issues that will be litigated in court, you need someone with the knowledge and experience to protect your interests effectively.
An attorney brings several critical advantages to a contested divorce. First, they can help you identify and prioritize the issues in your case, developing a strategy that focuses on what matters most to you. Second, they have the legal knowledge to give you accurate advice about your rights and options under California law.
Perhaps most importantly, an attorney knows how to litigate cases in court. The procedural requirements and circumstances of a contested divorce can be complex, and having someone who understands court procedures and evidentiary rules is invaluable.
The Risk of Self-Representation
Self-represented parties in contested divorces face significant challenges. Without legal training, it is difficult to navigate court procedures, present evidence effectively, or understand how the law applies to specific situations. Opposing counsel may take advantage of a self-represented party’s lack of knowledge.
The decisions made during a divorce have long-lasting consequences for your financial security and your relationship with your children. Having an attorney ensures you have someone in your corner who can advocate for your interests throughout the process.