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There is a set framework when seeking a contested divorce

The majority of California residents are aware that it is a community property state when it comes to ending their marriages. However, that does not make the process easier when the spouses are caught up in a contested divorce proceeding. This type of divorce often results in protracted battle that may seem to last interminably.

A contested divorce indicates that the parties cannot agree on important issues such child custody and support as well as the division of certain assets. There are several steps that can make the process more manageable, the first of which is to consult with an experienced attorney. At this consultation, it is best to present all pertinent information and paperwork as well as any expectations regarding the eventual settlement. It is recommended that one retains copies of all documents that are submitted to the courts.

Once this step is completed, the former spouse will be served with notice that the petition has been filed or a public notice will be posted in all relevant publications. The spouse will then be permitted time to file a response -- and if none is forthcoming -- a court may order a default judgment. Next, the case moves to the discovery phase, which includes determining all financial assets and any other relevant marital details. Afterwards, the courts may require the parties to attempt to arrive at an agreeable settlement. If this is not possible, then the case proceeds to trial.

The court will then hear both sides and may include witnesses and cross-examinations. The judge will then consider all of the testimony and information and render a decision. Afterwards, either side may file a post-trial motion for reconsideration once the judge has issued his or her orders. Finally, either party can file an appeal if post-trial motions fail to bring the requested relief.

Once this process has been exhausted, the divorce is finalized. Every state has its own process, and California is no exception. Residents who are unable to arrive at a suitable agreement may find that an attorney who has a track record of successfully resolving a contested divorce can be an invaluable resource.

Source: liveabout.com, "8 Steps From Beginning to End of a Contested Divorce", Cathy Meyer, Accessed on March 12, 2018

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Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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