Contested Divorce in San Diego California
San Diego CA Contested Divorce Lawyers – Family Law Attorneys
The laws that define the grounds for filing a dissolution of marriage action in the state of California can be found in Section 2310 of the California Code, and this section states that there are just two grounds for filing. One of them is incurable insanity, and of course this is rather rarely used. The ground for most dissolution of marriage actions in the state is that of irreconcilable differences, so there is no provision in the California Code for filing a dissolution action based on fault, or the marital misconduct of one of the former partners. This fact has very profound implications, because in states that allow for at-fault divorces, marital misconduct can be taken into account in cases when the court is charged with the responsibility of making a ruling in a contested divorce or dissolution of marriage case. The no-fault approach is in place in California to encourage cooperation and fairness between the divorcing parties in an effort to minimize the number of contested divorce cases that have to be heard.
Due to the fact that the process of divorce takes place between two people who can no longer get along well enough to stay in the marriage, it would be logical to assume that a significant percentage of divorce cases would be contested. However, statistical evidence indicates that this is simply not the case. It is estimated that some 95% of all divorce proceedings in the United States are uncontested, so people usually can work together to craft terms that are agreeable to both of the individuals involved.
The primary issues that need to be decided on fall into two categories for the most past. There are financial issues, and matters involving the children if the couple involved does indeed have dependent children. Child custody can sometimes be a contested issue, and whether or not there will be any spousal support payments made can also be a contentious matter. Whenever there is a child custody dispute, mediation is always a recommended option. Sections 3160-3165 of the California Family Code cover the details concerning the use of a third party mediator to help guide parents who are engaged in a custody dispute toward an amenable resolution that is in the best interests of the child or children involved.
Financial issues such as the division of shared property and potential spousal support payments can also be points of contention. As the statistics demonstrate, these matters can usually be worked out privately, but when they can’t, the terms will be decided by the court.
Anyone who is going through a contested divorce should arrange for a free consultation with a San Diego CA divorce lawyer before proceeding.
