When you and your spouse can’t agree on the terms of your divorce, it doesn’t mean you’re stuck. Contested divorces are more common than you might think, and they’re entirely manageable with the right legal support.
Our contested divorce attorneys in Tustin understand what’s at stake. We help clients navigate every stage of their divorce proceedings, focusing on strategy and compassion.
What Is a Contested Divorce?
A contested divorce is when there are unresolved issues between the spouses. Maybe you both want custody, or perhaps you can’t agree on how to split the house and other assets. Whether it’s regarding parenting time, finances, or even pets, if there’s a disagreement, it means the divorce is contested.
Common reasons couples pursue contested divorces include:
- Child or spousal support
- Child custody
- Property ownership
- Unpaid debts
- Uncooperative spouse
You don’t have to agree on everything. You just need a plan for resolving what you can’t agree on. Our skilled legal team can help.
How Contested Divorce Works in Tustin
Resolving a contested divorce process is more involved than resolving an uncontested one, but it also offers more opportunities to assert your rights and protect your interests. Here’s a quick breakdown:
- Filing and Service: One spouse (the petitioner) files the divorce petition and serves the other
- Response: The respondent has 30 days to respond to the notice
- Financial Disclosures: Both parties exchange required disclosures about their income, assets, and debts
- Discovery: If necessary, this phase can turn up more information via depositions, document requests, and more
- Motions for Temporary Orders: These orders may pertain to child custody, child support, or restraining orders while the case proceeds
- Mediation or Settlement Talks: Many cases resolve at this stage with attorney guidance
- Trial: If an agreement can’t be reached, the case goes to trial, and a judge decides the outcome
It’s worth noting that most contested divorces don’t go all the way to trial. Once all the facts have been established, the spouses are usually willing to negotiate.
Mediation vs. Litigation in Tustin Divorces
Mediation offers divorcing spouses a chance to resolve disagreements privately, often with less cost and conflict, which is especially desirable when children are involved. When compromise isn’t possible, however, litigation may be necessary.
If your case goes before the court, a judge will decide unresolved issues like support and custody arrangements or property division. Even in contested divorces, many cases settle before trial thanks to the information uncovered during discovery and the efforts of each spouse’s lawyers.
What Issues Can Be Contested in a Divorce?
As part of a contested divorce in Tustin, one or both spouses may dispute a wide range of issues, including:
- Division of property and debts
- Child custody and visitation schedules
- Child support amounts or duration
- Spousal support (alimony)
- Domestic violence concerns or protective orders
- Business ownership and valuation
- Retirement accounts or pension distributions
Even if you and your spouse agree on some items, a single point of conflict can hold up your divorce proceedings. Dependable legal representation can make all the difference.
How a Tustin Divorce Attorney Can Help
Our capable attorneys are here to offer guidance as you make difficult decisions and help you secure an outcome that protects your interests.
We can assist you by:
- Gathering evidence and completing required disclosures
- Filing motions for custody, support, or exclusive use of a home
- Negotiating with your spouse’s attorney during settlement talks
- Working with forensic accountants or custody experts as needed
- Representing you in court if your case goes to trial
At Pinkham & Associates, we focus on providing clients with both a strong legal strategy and emotional clarity during what is often a painful process. You aren’t just hiring a lawyer — you’re gaining a committed advocate who takes your goals and well-being seriously.
Tustin Contested Divorce FAQs
Founding attorney Douglas S. Pinkham has been helping Orange County clients deal with sensitive family law matters since 1999. Here are some of the most common questions our Tustin clients ask about contested divorce:
How Long Does a Contested Divorce Take in California?
In Tustin, contested divorces may take 12–18 months, depending on the level of conflict and court caseload. The more issues that remain unresolved, the longer the case will likely go on. Working with an experienced attorney can help you avoid unnecessary delays.
Is It Worth Contesting a Divorce?
Yes, especially if your spouse’s proposed terms would leave you in a financially or emotionally vulnerable position.
Common reasons for contested divorce include:
- Hidden assets
- Unfair custody terms
- Lopsided support proposals
- Refusal to compromise
Contesting is often necessary if there are children, business assets, or retirement accounts involved.
How Much Does a Contested Divorce Cost in Tustin?
The costs can vary widely depending on how much time your case requires, how cooperative your spouse is, and whether you need outside assistance. Our team will always discuss costs with you up front in order to help you make sound decisions.
Can You Contest a Divorce After It’s Final?
In some cases, yes. If the final order was based on fraud, duress, or incomplete disclosures, you may be able to file a motion to set it aside. However, it’s far easier and more cost-effective to get it right the first time. Our attorneys can advise you on whether a post-judgment modification makes sense.
What Is a High-Net-Worth Divorce?
High-net-worth divorces involve complex assets like business holdings, real estate portfolios, trusts, or investments. These cases often require a more detailed approach to asset tracing, valuation, and support calculations.
What Assets Can Be Protected in a Divorce?
Certain assets, like inheritances or gifts, may be excluded from division if they were kept separate. Our lawyers can help you identify what’s legally yours and take steps to protect it.
Is My Spouse Entitled to Half of My 401(k)?
Not necessarily. In California, only the portion earned during the marriage is considered community property. A qualified domestic relations order (QDRO) may be required to divide it.
Turn to a Qualified Tustin Contested Divorce Lawyer
The legal professionals at Pinkham & Associates have helped more than 1,500 Southern California clients move forward from contested divorces. We understand what you’re going through, and we’ll treat the matter like it’s personal — because to you, it is.
Whether you’re hung up on a single sticking point or facing a deeply contentious split, our Tustin divorce lawyers can protect what matters most to you. Contact us today to schedule your initial consultation and take the first step toward clarity, resolution, and peace of mind.
