Getting A Contested Versus Uncontested Divorce In San Jose
Marriages fall apart for various reasons, and each breakup is as different as the individuals involved. When it comes to getting a divorce in San Jose, some couples are in agreement on important issues and obtain a final divorce order quickly, whereas others may spend up to a year or more embroiled in legal battles. Our San Jose divorce lawyer explains the difference between contested and uncontested divorce in California and how to determine which is right for you.
Contested Versus Uncontested San Jose Divorce Proceedings
Filing for a divorce in San Jose is never easy. Under the California Family Code, there are important issues impacting money, property, and relationships, which must be resolved before a judge can issue a final divorce order. These include:
- Division of property and assets accumulated during the marriage, such as homes, cars, personal belongings, money in bank accounts, shares in businesses, and retirement benefits;
- Division of all marital debts, including any loans, mortgages, or lines of credit;
- Determinations regarding alimony, which you may be entitled to if you make less than your spouse;
- Child custody and support, one of the most hotly debated issues in San Jose divorce proceedings.
If none of the above apply to you and your soon-to-be former partner, or if you are in agreement on all these matters, you may be able to seek an uncontested divorce. This saves time and money, allowing you to obtain a final divorce order in as little as a few months. If you and your spouse are unable to agree on divorce terms or there are other issues complicating your case, a contested divorce may be the best way to protect yourself and your rights.
Determining Whether To File For A Contested Divorce In San Jose
It is important to remember that divorce proceedings in the Santa Clara Family County become part of the public record. A contested divorce requires attending and sharing sensitive information at numerous court hearings, potentially jeopardizing your privacy. It also requires lengthy negotiation sessions and results in additional court costs and attorney fees.
An uncontested divorce may seem like an obviously better choice. However, in some situations, it is simply not practical or in your best interests. Situations where a contested divorce may be the best option for protecting yourself include:
- You are the victim of domestic violence;
- Your spouse is attempting to hide assets;
- They refuse to cooperate or negotiate a reasonable settlement;
- You have a high-asset divorce case;
- You have valid reasons to be against shared custody arrangements.
Contact Our San Jose Divorce Lawyer Today
Argyris Mah, LLP provides the caring support and trusted legal guidance you need when getting a divorce in San Jose. We can arrange a consultation, review your case, and advise you on whether a contested or uncontested divorce is the best option. To get the professional legal help you need during this difficult time in your life, reach out and call or contact our office online today.
Sources:
leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM
santaclara.courts.ca.gov/self-help/self-help-family/divorcedissolution
