divorce litigation lawyers in california
Dissolving a Marriage
Divorce is often a complex process. Aside from the emotional turmoil and stress a divorce causes, there are multiple issues that need to be addressed. The equitable division of assets, the creation of a parenting plan for child custody schedules, child support calculations and spousal support calculations are just some of the topics you will need to address in the process of a divorce. Some couples can navigate the emotionally and legally challenging aspects of a divorce through settlement, while others must resort to divorce litigation to achieve final resolution of what are often complex and challenging legal issues.
Understanding Divorce Litigation
Divorce litigation is not necessary for every divorce, but is required when spouses cannot agree on substantial issues regarding the marriage. In litigation, the issues that remain outstanding between spouses are presented to the family court to be resolved in an evidentiary hearing or trial.
Examples of When Divorce Litigation Is Necessary
We work diligently toward settlement in an attempt to avoid litigation, which is costly, time-consuming, and creates a great strain on families. However, in certain cases, litigation is necessary. The following are some examples of when divorce litigation is necessary.
Challenges in Cooperation
Every divorce involves certain areas where spouses disagree, particularly at the outset. Over time, many of those issues are able to be resolved through negotiation. However, sometimes the circumstances of the divorce make it impossible for one or both spouses to work together to reach resolution of the major issues in the divorce, sometimes because of personality conflicts, sometimes because of differing opinions on the law, and sometimes because of the nature of the conflict.
In some cases, one spouse will simply have unreasonable demands that another spouse cannot agree to willingly. Examples include full custody of the children, child support calculations that fail to follow state guidelines, or refusal to pay spousal support or the other spouse’s need-based attorney’s fees where there is a disparity in income and earning capacity.
In some cases, issues will present themselves in a divorce that are complex. Examples include attempting to determine custody and support for a special needs child who needs full-time attention and care, determination of cash flow of a business owner for purposes of calculating child and spousal support, calculation of separate property interests in real property or a business, and assessing custody where domestic violence has been perpetrated by a custodial parent against a non-custodial parent or where one parent has substance abuse issues. Where the parties are unable to reach agreement on complex issues, often litigation of some or all of the issues is necessary to reach resolution.
Contact an Experienced Divorce Attorney Today
No matter your circumstances, you should always have legal representation to ensure your rights are protected in your divorce. Contact an experienced family law attorney today at the Law Offices of Lisa R. McCall, A Professional Corporation, at 714.644.8760 or online today to schedule a consultation.