Reasons for Contesting a Divorce

Divorce can be a highly complex and emotional process, and in certain cases, a spouse may feel the need to contest it, whether due to disagreements over property division, child custody, or other important matters. Family law attorney Paula D. Kleinman believes it is vital that individuals experiencing divorce understand the reasons for contesting a divorce in California to be prepared for any possible outcomes.

Common Reasons for Contesting a Divorce

Contrary to widespread belief, the divorce rate in California has been among the lowest in years. In 2021, 8.9% of Californians were divorced. Sometimes, contesting a divorce is necessary, and in California, there are various reasons why someone may choose to do so. These may include disagreements over finances, child custody issues, or other personalized aspects of the separation.

While divorce is often a mutual decision, there are situations where one party may feel that the terms are unfair or that certain concerns need to be prioritized and resolved before proceeding. Below are common reasons why someone may contest a divorce:

  • Disagreements over property division. A commonly cited reason to contest a divorce is due to a dispute over how property is divided. California is a community property state, which means that most property acquired during a marriage is considered jointly owned and should be split equally. If one spouse feels that the property division is unfair or inaccurate, they may contest the divorce to see that their rights are protected and a fair resolution is secured. This may include disagreements over the value of assets, hidden property, or the handling of debts.
  • Child custody and visitation issues. Divorce can become highly complex when children are involved, and custody arrangements can be a major point of contention. If one parent believes the proposed custody arrangement is not the ideal situation for the child, they may contest the divorce. This can include disagreements over primary custody, visitation schedules, or even concerns about the child’s safety or well-being in the other parent’s care. The court’s main priority is the child’s interest, so a parent may contest a divorce to advocate what they believe is a more suitable arrangement for their child.
  • Spousal support disagreements. If one spouse believes that the amount of spousal support proposed is unfair, or if they believe they are entitled to more support, they may contest the divorce on these grounds. There are several factors that are reviewed when determining spousal support amounts, such as the length of the marriage and an individual’s ability to support themselves.
  • Fraud or misrepresentation. In certain cases, a divorce might be contested because of allegations of fraud or misrepresentation. If a spouse believes that the other has hidden assets, lied about financial information, or misrepresented important facts during the divorce process, they may contest the divorce. Fraudulent activity, or hiding property, can be grounds for challenging the divorce terms.

There are valid reasons why one spouse may choose to contest a divorce. If you believe you have a situation and issue that warrants contesting a divorce, it may be time to initiate the legal process to see a favorable result. Divorce cases in Vista, California, are heard at the North County Regional Center of the San Diego Superior Court at 325 South Melrose Drive.

FAQs

Q: Is It Worth Contesting a Divorce?

A: Whether to contest a divorce depends on each individual’s situation, as there is no one-size-fits-all solution. Some may believe that contesting a divorce for serious issues like child custody or fair division of assets is worth pursuing. If there is a real and significant reason to challenge, contesting may be worth the hassle and legal process. If the challenge is driven by emotion rather than evidence, it may be wise to reconsider contesting.

Q: How Do You Get Through a Divorce Mentally?

A: To get through a divorce mentally, first allow yourself to process your emotions. Grieve, reflect, and seek support from friends, family, or a therapist to avoid bottling up feelings. Next, focus on self-care by maintaining routines, exercising, and setting small, achievable goals to rebuild your confidence and sense of control. Finally, shift your perspective toward the future, embracing the opportunity for personal growth and a fresh start, even if it feels daunting at first.

Q: Is It Hard to Contest a Divorce?

A: Contesting a divorce can be challenging, and how difficult it will be to succeed depends on the unique factors of each individual case. It can be time-consuming, require extra monetary resources, and has the potential to be emotionally draining, but if the end result is optimal, those complexities may be worth the effort and strain.

Q: Who Loses the Most in a Divorce?

A: The individual who loses the most in a divorce can depend on the specific circumstances of the divorce and the individual perspectives of both parties. In general, the individual who may lose the most in a divorce is the individual who does not advocate adequately for their needs and rights. By enlisting the support of a lawyer, you can advocate for your optimal outcome.

Q: What Should I Do If My Circumstances Change After a Divorce?

A: If your circumstances change after a divorce, the next steps are highly individual, but a legal option is to modify your divorce agreement. For example, if your circumstances shift in such a way that your ability to pay or receive child support is different, it may be necessary to go back to court and request a modification to the court arrangement to see that it adheres to your current set of circumstances.

Speak With a Trusted Family Law Attorney Today

Contesting a divorce in California is not a decision that should be made lightly, but in certain situations, it may be necessary to protect interests and address serious concerns. Contact Paula D. Kleinman, A Professional Law Corporation, today to set up an initial consultation and learn more about your legal options. Whether it’s child custody, financial fairness, or potential fraud, it is vital that you know your next steps and how to navigate this process effectively.

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