A contested divorce in San Diego occurs when spouses cannot agree on one or more key issues, such as child custody, property division, or spousal support, necessitating the court’s intervention to make decisions on their behalf.

Unlike an uncontested divorce where both parties reach an agreement on all terms, even one disagreement about children, finances, or assets makes your divorce contested and changes how your case moves through California’s legal system.

Contested divorces involve a structured legal process that includes filing petitions, exchanging financial disclosures, attending mediation, and potentially going to trial if a settlement cannot be reached.

The duration and cost of a contested divorce can vary widely, depending on factors such as the complexity of your case and the level of conflict involved.

Understanding California’s community property laws, child custody standards, and court procedures helps you navigate this challenging process more effectively.

Contested Divorce in California: Why a Simple Disagreement Changes Everything

A contested divorce occurs when you and your spouse cannot agree on one or more of the fundamental issues involved in ending your marriage.

This forces the court to intervene and make decisions on your behalf. While an uncontested divorce is resolved quickly and privately through mutual agreement, a contested case involves a formal legal process that can be both lengthy and expensive.

California is a no-fault divorce state. This means neither spouse needs to prove wrongdoing, like adultery or abandonment, to get divorced. You can end your marriage simply because it’s not working anymore.

The cost of a contested divorce in San Diego can range from several thousand dollars for a simple case that settles quickly to tens of thousands of dollars for a complex case that goes to trial.

The duration can also vary widely, from as little as six months (the legal minimum in California) to well over a year or even longer for high-conflict cases.

Recent trends in the San Diego area include an increased use of technology in the court system, allowing for electronic filing and some virtual hearings, which can help to reduce delays and costs for some parties.

When Does a Divorce Become Contested in San Diego

Several common issues can transform what starts as an amicable separation into a contested legal battle. Understanding these triggers helps you prepare for what might lie ahead in your divorce process.

Child Custody Disputes and Best Interests

Child custody disagreements are the most emotional and common reason divorces become contested. When parents cannot agree on custody arrangements, San Diego family courts step in to make decisions based on the “best interests of the child” standard.

This legal standard means judges must prioritize your child’s health, safety, and welfare above everything else. Courts consider many factors when making these critical decisions about your children’s future.

The court examines several types of custody arrangements:

Physical custody:

Where your children will live day-to-day and spend most of their time

Legal custody:

Who makes important decisions about education, healthcare, and religious upbringing

Visitation schedules:

Detailed parenting time plans that maintain relationships with both parents

San Diego courts prefer arrangements that allow children to maintain meaningful relationships with both parents when it’s safe and practical.

Community Property Disputes and Valuation

Money and property disputes frequently turn divorces into contested cases. California follows community property laws, which means that most assets and debts acquired during marriage are owned equally by both spouses.

Community property includes your house, cars, bank accounts, and retirement savings earned during marriage.

Separate property includes assets that you owned before marriage or received as gifts or inheritances intended explicitly for you.

Common property disputes involve:

Asset valuation disagreements:

Fighting over what your house or business is actually worth

Separate property claims:

Proving something belongs only to you, not both spouses

Hidden asset investigations:

When one spouse suspects the other is hiding money or property

Business ownership division:

Splitting complex assets like professional practices or companies

These disputes often require expensive experts like appraisers and forensic accountants to resolve.

Spousal Support and Child Support Disputes

Financial support disagreements create another significant source of conflict in contested divorces. Spousal support, also called alimony, is not automatic and depends on the specific circumstances of your marriage.

Key factors courts consider for spousal support include:

Length of marriage:

Longer marriages typically result in longer support periods

Income differences:

How much each spouse earns and can potentially earn in the future

Standard of living:

The lifestyle you maintained during your marriage

Child support follows California’s statewide calculation formula. This formula primarily considers both parents’ incomes and the amount of time children spend with each parent. Disagreements often arise over income calculations or parenting time percentages.

Delay Tactics and Uncooperative Conduct

Sometimes divorces become contested because one spouse refuses to cooperate with the legal process. This uncooperative behavior forces the other spouse to ask the courts for help moving the case forward.

Problematic behaviors include:

Hiding financial information:

Refusing to provide bank statements, tax returns, or asset documentation

Missing deadlines:

Failing to respond to court papers or attend required hearings

Bad faith negotiations:

Making unreasonable demands or refusing to discuss settlement options

Courts can impose financial penalties on spouses who engage in these delay tactics.

Steps in a Contested Divorce in San Diego

It can be challenging to navigate a contested divorce in San Diego, but being aware of the legal procedures will help you get ready.

To ensure that each party has an equal opportunity to make their case, the procedure adheres to a set schedule.

1. File and Serve the Petition

When you file a Petition for Dissolution of Marriage with the San Diego Superior Court, your divorce officially starts. One spouse must have spent at least six months in California and three months in San Diego County to file in San Diego.

To make sure they are aware of the case, the divorce papers must be formally served to your spouse as part of the legal process.

2. Respond Within 30 Days

Your spouse has 30 days from the date of service to submit a formal Response.

You can ask for a “default judgment,” in which case the court will grant all of your petition’s requests without considering your spouse’s suggestions, if this crucial deadline is missed.

3. Exchange Financial Disclosures

To maintain transparency, California law requires that both spouses share comprehensive financial information at the outset. This comprises records such as:

Income and Expense Declarations
Schedules of Assets and Debts
Tax returns, pay stubs, and employment records

4. Seek Temporary Orders

Given the length of contested divorces, you might require urgent court orders. While your case is pending, temporary orders can be placed for asset protection, child custody, and financial support.

5. Use Discovery to Gather Evidence

The legal process of obtaining information from your spouse is known as “discovery.” Written inquiries, document requests, and depositions (sworn statements) might all be part of this. It guarantees that both parties have the information they need to prepare for trial or negotiate a just settlement.

6. Attend Family Court Services Mediation

San Diego courts mandate that you participate in mediation with Family Court Services if child custody is a contentious issue. You can attempt to develop a parenting strategy that works for your family with the assistance of a qualified mediator.

You can avoid the stress and cost of a custody trial if an agreement is reached.

7. Prepare for Trial and Judgment

Your case will go to trial if a settlement cannot be reached. The judge will hear arguments and render final rulings on all outstanding matters, including child custody and property division. Your marriage is legally terminated by the judge’s decision, which becomes the final judgment.

Contested divorces in San Diego require a strategic approach and a thorough understanding of local court procedures.

We are prepared to guide you through every step, from initial filing to final judgment, to protect your rights and help you secure a favorable outcome. Contact us today for a confidential consultation to discuss your case.

Can a Contested Case Settle Before Trial

Most contested divorces in San Diego settle before reaching trial. Settlement gives you control over the outcomes, rather than leaving critical decisions to a judge who doesn’t know your family.

Mediation to Resolve Key Issues

Private divorce mediation offers a confidential way to resolve disputes outside the courtroom. You and your spouse hire a neutral mediator to facilitate discussions and help find solutions that work for everyone.

Mediation benefits include:

Privacy:

Your discussions stay confidential, unlike public court proceedings

Control:

You create your own solutions instead of accepting a judge’s decision

Cost savings:

Mediation typically costs much less than continued litigation

Faster resolution:

You can schedule mediation sessions at your convenience

The mediator doesn’t make decisions for you but helps you communicate more effectively and explore creative solutions.

Partial Agreements and Stipulations

You don’t need to agree on everything to make progress in your case. Partial agreements, called stipulations, allow you to resolve some issues while asking the judge to decide others.

For example, you might agree on a parenting plan but need the court to determine spousal support amounts. These partial settlements reduce the scope of your trial and lower legal costs.

Collaborative Law for Resolution

Collaborative divorce involves both spouses and specially trained attorneys who commit to reaching a settlement without going to court. This process often includes neutral experts like financial specialists or child specialists.

Everyone signs an agreement promising to work together respectfully. If collaboration fails and you decide to go to trial, both attorneys must withdraw, and you need new legal representation.

How Long and How Much in a Contested Divorce

Time and cost are significant concerns for anyone facing a contested divorce. The answers depend on your case’s complexity and how well you and your spouse can cooperate.

Typical Timelines in California

California law requires a six-month waiting period before any divorce can be finalized. This mandatory “cooling off” period starts when your spouse is served with divorce papers.

Simple contested cases may be resolved within a relatively shorter timeframe compared to more complex cases, depending on the circumstances. Complex cases—such as those involving business valuations, custody evaluations, or ongoing high conflict—often require more time to resolve than more straightforward divorces.

Cost Drivers and Ways to Save

Attorney time is the biggest cost factor in contested divorces. The more you and your spouse disagree, the more legal work becomes necessary.

Cost Driver	Impact on Expenses	Money-Saving Strategy
High conflict level	More attorney communication and court motions	Focus on practical solutions, not emotional victories
Complex asset division	Requires expensive expert witnesses	Organize financial documents early and completely
Discovery battles	Court motions to force information sharing	Provide requested documents promptly and completely
Multiple court hearings	Extensive preparation time for each appearance	Settle issues incrementally through negotiation

Additional cost-saving tips include using your attorney’s time efficiently by preparing questions in advance and being organized with documents.

When to Hire a San Diego Contested Divorce Lawyer

While you can legally represent yourself, contested divorces involve complex legal procedures and long-term consequences that make professional representation essential in most cases.

High Conflict or Complex Assets

If your divorce involves significant assets, business ownership, or complex financial arrangements, you need an experienced attorney. Mistakes in property division can cost you thousands of dollars and be difficult to fix later.

High-conflict situations where communication has completely broken down also require the services of a lawyer. Your attorney can handle all communication with your spouse’s lawyer, reducing stress and preventing emotional decisions.

Safety Concerns and Restraining Orders

If domestic violence, substance abuse, or safety concerns exist in your marriage, contact an attorney immediately. We can help you obtain restraining orders and create parenting plans with safety protections like supervised visitation.

These situations require immediate legal action to protect you and your children. Don’t wait to get help if you’re in an unsafe situation.

Military Families and Move-Aways

Military divorces involve federal laws that affect property division and custody arrangements during deployments. These cases require attorneys with specific military family law experience.

If either spouse wants to move away with children after divorce, you’ll need to navigate complex legal requirements. California courts carefully scrutinize move-away requests to protect children’s relationships with both parents.

Contested divorces in San Diego require a strategic approach and a thorough understanding of local court procedures.

Common Misconceptions About Contested Divorce

Misinformation about divorce law can lead to poor decisions and unrealistic expectations. Understanding the facts helps you make better choices throughout your case.

“My Spouse Can Block The Divorce”

This is entirely false. California’s no-fault divorce system means one spouse cannot prevent the divorce by refusing to participate or agree.

If your spouse is served correctly and fails to respond, the court can issue a default judgment and grant your divorce anyway. No one can force you to stay married against your will.

“Divorce Happens Quickly In California”

Despite California’s reputation for progressive laws, the state imposes a mandatory six-month waiting period for all divorces. This cooling-off period exists regardless of how amicable your separation might be.

The six-month clock starts when your spouse is served with divorce papers or files a response, whichever happens first. You cannot finalize your divorce any sooner, even if you agree on everything.

Special Considerations in San Diego Divorces

San Diego’s unique characteristics as a military hub and affluent region create specific challenges that require specialized legal knowledge and experience.

Military Divorce Complexities

San Diego County is home to multiple military installations, making military divorces common in our family courts. These cases involve federal laws that don’t apply to civilian divorces.

Special considerations include:

Deployment schedules: Creating custody arrangements that work around military assignments
Military pension division: Federal rules govern how military retirement benefits are split
Residency requirements: Service members may qualify to file in multiple states
Military benefits: Health insurance and commissary privileges after divorce

Our attorneys understand these unique challenges and work with military families to protect their rights and benefits.

High-Asset Property Division

San Diego’s affluent communities often involve complex property division scenarios requiring specialized expertise. High-net-worth divorces present unique challenges requiring complex property division to value and divide sophisticated assets.

Complex assets include:

Executive compensation packages: Stock options, deferred compensation, and bonus structures
Professional practices: Medical, legal, or dental practices requiring business valuations
Real estate portfolios: Multiple properties, commercial real estate, and investment properties
International assets: Offshore accounts and foreign property holdings

These cases often require the services of forensic accountants, business appraisers, and other financial experts to ensure a fair division.

Protecting Your Mental Health During Contested Divorce

Contested divorce ranks among life’s most stressful experiences. Taking proactive steps to protect your emotional well-being is essential for making good decisions and moving forward successfully.

Building Your Support Network

Don’t try to handle this difficult time alone. Surround yourself with supportive friends, family members, and professionals who can provide emotional guidance and practical help.

Consider joining divorce support groups, where you can connect with others who are experiencing similar challenges. Professional counseling provides valuable coping strategies designed explicitly for divorce-related stress and anxiety.

Setting Boundaries With Your Ex-Spouse

Establish clear communication boundaries to minimize conflict and protect your emotional health. We often recommend using co-parenting apps or email for all communications to maintain written records.

Keep all conversations focused on necessary topics like children’s schedules or legal requirements. Avoid discussing the divorce case details or rehashing old marital problems with your spouse directly.

Moving Forward After Your Contested Divorce

While contested divorce presents significant challenges, it also represents a transition toward a new chapter in your life. The legal process, though difficult, establishes clear boundaries and creates a foundation for your future.

At Garwood Reeves, we understand what families go through during contested divorces. Our certified family law specialists are dedicated to helping San Diego families navigate complex divorce situations with experienced and compassionate representation. We are committed to providing strong, compassionate representation that protects your rights and helps you achieve the best possible outcome.

If you’re facing a contested divorce in San Diego, don’t let the court decide your family’s future without experienced legal guidance. Contact our San Diego family law attorneys at (619) 505-0930 to schedule a consultation and learn how we can help protect your interests and support your transition to a new beginning.

Your contested divorce case is unique, and you deserve personalized attention from attorneys who understand both the legal complexities and emotional challenges you’re facing. We will fight for your rights while working to make this complex process as manageable as possible for you and your family.