A contested divorce can be complicated, frustrating, and quite lengthy. It can mean a number of court appearances, documents, witnesses, and inconveniences too. It is always best when the issues including child support, spousal support and property division in a divorce can be settled by the voluntary mutual agreement of both divorcing partners. Nevertheless, in many divorces, one spouse may be left with no realistic choice other than to seek a dissolution judgment in court.
At Zech Law, we believe that even in the most acrimonious dissolution circumstances, a negotiated divorce agreement should always be given one last chance. When a voluntary mutual dissolution agreement simply is not possible, Zech Law aggressively represents our clients in contested divorce proceedings.
Divorce trials can be exceedingly complicated both legally and emotionally. In the state of California, litigation and divorce procedures are conducted before a judge in a courtroom. Divorces are not decided by juries in California. Although divorcing couples have a number of out-of-court divorce alternatives today, courtroom-centered divorces still happen every day in California, and when issues are in dispute, a dissolution trial may be the only practical way to resolve those disputes.
At Zech Law, we present the best possible case to the court on your behalf. We fight aggressively for your rights, and if your children are involved, we fight for their rights as well. If the spouse you are divorcing is hiding assets, for example, or is posing a risk to you or your children, we will request restraining orders and use all legal tools and resources available to prove it to the court.
While we will make certain that your rights are protected and that you are treated fairly and justly in a contested divorce proceeding, no attorney can guarantee that a contested divorce trial may not be messy or embarrassing. Divorce trials are a matter of public record, so it’s important to understand there is little privacy during this process. If you’re going to be involved in a contested divorce or legal separation in California, it’s probably not wise, for example, to post anything at all on social media about your relationship, and you must be cautious even with texts and emails.
In a contested divorce, your texts, emails, and posts will probably be read by opposing attorneys and by the judge. They are not private and they may even be used as evidence against you in your child support, custody, and visitation disputes. Whether your divorce is going to be bitterly contested or amicably uncontested.
In most contested California divorces, the disputes are about the division of property, child custody and child support, and alimony. Community property is supposed to be divided fairly and equitably. Community property is defined in California as all of the marital assets acquired or earned in a marriage except for any property received exclusively by one spouse as an inheritance or as a gift. It might sound easy enough, but determining who owns what can be quite thorny, especially if a dissolution is contested or if the property and assets to be divided are extensive.
People getting divorced can sometimes be very creative about hiding assets. Some try hiding business assets in foreign banks. Others temporarily transfer assets to a friend or to a family member. People have even buried cash. However, it’s harder to hide assets than most people might think, and when assets disappear before or during a divorce, it does not take a master detective to determine what’s happened. If you can prove that your spouse has hidden assets or you merely suspect it, talk with us at Zech Law. We have a proven record of success in uncovering hidden assets and will work tirelessly on your behalf.
Arriving at a fair and equitable division of real estate holdings can also be genuinely challenging. In the state of California, every piece of real estate is assumed to have value, and the fair, equitable division of real estate holdings can often be the most complicated issue in a contested dissolution. Zech Law has extensive experience handling complex real estate disputes on behalf of our clients in contested divorce cases.
If you anticipate a child custody dispute, you’re going to need knowledgeable, skilled legal help. Nothing is more important than your children, so it’s understandable that child custody, child support, and visitation rights are often the most hotly contested issues in a divorce proceeding. The courts in California determine which parent will get custody based solely and exclusively on what the court believes are the child’s best long-term interests. Unless the parents can come to an agreement on their own, the judge will provide both parties with a court order that must be followed.