Do you need to go to court for a contested divorce in California?

Not necessarily. A “contested” divorce generally refers to a situation where the parties disagree on one or more key issues about their divorce settlement. This can include division of property and debts, child custody, spousal support and more.

In most cases, both parties can negotiate and resolve these disagreements outside of court. However, the court may step in if the conflict is particularly complex or involves high-value assets.

Starting the divorce process in California

In California, the divorce process begins when one of the spouses files a Petition for Dissolution of Marriage and serves it on the other spouse. It includes information about the marriage and the grounds for divorce. It should also provide detailed information about children, property and debts, as well as any requests for support or custody arrangements.

The served spouse then has 30 days to file a Response. This should state their positions on any of the issues or claims in the Petition. Both parties must also complete and exchange preliminary declarations of disclosure. This should outline their income, usual expenses and any assets or debts.

Resolving disputes during divorce

The divorce process can look different for every case, depending on the divorcing couple’s situation and what their dispute is about. However, it usually follows these steps:

• Discovery phase: Both sides gather facts and information through written questions, document requests and recorded interviews or depositions
• Temporary orders: The court may issue temporary orders regarding support, custody and other matters while the case proceeds
• Settlement attempts: The court may require settlement conferences or mediation attempts before holding any proceedings

If settlement fails, the case proceeds to trial, where a judge will hear evidence and make final decisions on all disputed issues.

When litigation becomes necessary

Court intervention might be necessary when:

• You’ve exhausted mediation and other settlement efforts without a resolution
• Communication has deteriorated to the point where direct negotiation is impossible
• Safety concerns such as domestic violence or abuse require court protection orders and supervised proceedings
• Significant disagreements exist about business valuations, property division or hidden assets
• Parents cannot agree on a parenting plan that serves the child’s best interests

Litigation can be more time-consuming, expensive and emotionally draining than settling outside of court. However, in some cases, it may be the only path to a fair resolution. If you are facing a contested divorce with complicated disputes, an attorney can provide support and guidance.