California laws determine the necessities related to divorce cases. Among these laws, the defendant in a divorce has the right to contest the divorce if the grounds are invalid or if they don’t agree to the terms. By contesting the divorce, they could delay the divorce considerably. A family law attorney in Folsom, CA, helps petitioners create an agreement that is amicable.
Possible Delays Caused by a Contested Divorce
A contested divorce could cause a delay in a final judgment, of up to two years. The reason for this duration is that this is the greatest length of time that is typical for conducting a divorce trial. If the couple has a large marital estate, it could require this full duration to settle all differences.
Could Mediation Help?
Mediation provides the chance to meet privately with each party’s respective legal counsel. The couple reviews each term of the divorce agreement to determine what each party feels is fair. Primary areas in which challenges are made include child custody, marital property division, and the grounds of the divorce. If the couple could find a middle ground for compromises, it is possible for them to finalize the divorce after mediation and in a shorter amount of time. If they continue to challenge these terms, they could face a divorce trial.
Preparing for a Divorce Trial
During these trials, the judge gives each party the time needed to present evidence supporting why they should receive what they demand. The divorce grounds are challenged. If the petitioner claims a divorce ground such as adultery, they must show evidence depicting why they believe their spouse was unfaithful. This could involve recorded phone conversations, photographs, text or email messages, and phone records. In preparing for a divorce trial, the petitioner may need a private investigator to cultivate this evidence.
California petitioners must follow laws related to the circumstances of their divorce. These divorce cases require the petitioner to provide enough time to settle differences. However, if the defendant challenges the divorce agreement, the parties must follow vital steps to find a resolution. Couples that wish to file for divorce should hire a family law attorney in Folsom, CA; or get more information about local divorce cases.
