Though both parties agree upon many divorces, some are contested, meaning that there are often numerous complicated issues that the two parties cannot agree to to settle the divorce. Working with a Sherman Oaks contested divorce lawyer enables you to ensure you receive a fair and equitable division of assets. Talk to a Sherman Oaks divorce lawyer from Diarian & Bociaga today about your situation.
It May Be Possible to Avoid Contested Divorce
In many situations, the goal is to avoid contested divorces because they often end up in court. That leaves a judge to make key decisions on your behalf. To avoid having a judge become the decision-maker, many couples will seek out other solutions, including:
- Professional mediation:Â This enables the spouses to discuss their disputes and reach a goal together. It is done in a safe place with a neutral mediator.
- Collaborative divorce:Â In this situation, the spouses agree to meet with their attorneys present to discuss disputes and try to work towards a solution.
- Arbitration:Â In this situation, a professional is agreed upon by both spouses, and they give up their right to a divorce trial. They agree to abide by the decision of the arbitrator and will have the ability to present their side of the story.
What Happens in Contested Divorce
With the help of a Sherman Oaks contested divorce attorney, it becomes possible for the couple that cannot resolve their case in any other way to move forward with significant life changes. There are numerous decisions that must be made in this type of divorce. Consider the following.
Child Custody
Your attorney will advise you on your rights under the state’s laws for child custody and support, help you understand the family court legal process to have child custody assigned, and gather all information necessary to present your case. The court’s only obligation is to the child, and that means the court will rule on any and all applicable requirements based on what is in the best interests of the child.
Marital Asset Division
In a contested divorce, dividing all assets from the marriage fairly and equitably is necessary. This includes all property, assets, and accounts. However, there are limitations on what will count as assets of the marriage; for example, inheritances are not divided.
The court also will divide all debts equitably. In situations where these decisions can be made by the spouses, it is often beneficial. Otherwise, the court may force the sale of assets to divide property equally or may require dividing it in some way that is otherwise equitable.
Spousal Support
The court also must decide on spousal support, which is dependent on numerous factors including the length of the marriage, if the spouse was caring for young children, the other spouse’s education and earning capacity, and what workforce experience a person has.
In each of these areas, your contested divorce lawyer in Sherman Oaks can provide you with guidance and support but will also try to help you reach a conclusion before going to court. That allows you to control the outcome more and keeps costs lower.
Call a Sherman Oaks Contested Divorce Lawyer Today
When you are ready to file for divorce, it is imperative that you speak with an experienced Sherman Oaks contested divorce lawyer from Diarian & Bociaga about your case. Call our office today to schedule an appointment.