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What Is a Contested Divorce?

Last updated 4 years ago

If you disagree with a divorce petition filed by your spouse or partner, you can contest the petition by filing an official response. Whether you don’t agree with anything your partner has requested or you only object to a few issues, you should address the issues in your agreement. Sometimes, it can be useful to seek mediation to resolve your case; otherwise you will be leaving the decision up to a judge.

If there are issues that you and your spouse can’t work out on your own, one of you needs to file and serve a form in order to set a trial date. Before trial, most courts will ask you and your spouse or partner to attend a settlement conference. It’s also important to speak to the court clerk about any local forms you need to fill out for your local California court. If you do have a contested case, it’s a good idea to discuss your options with a family lawyer.

For more than 20 years, Moreno Family Law has been helping San Jose residents with their family law cases. To schedule a consultation with one of our compassionate divorce attorneys, please call (408) 266-9011.


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