Filing a Contested Divorce in California
If your spouse has filed a petition for divorce that you disagree with, you’ll need to contest the divorce. Here’s how to contest a divorce in California.
To contest a divorce in California, first, fill out your contested response. List what terms from the divorce petition you agree and disagree with, then have an attorney review your forms. File the forms with your local court, then serve the response papers to your spouse.
What is a contested divorce?
A contested divorce is a divorce in which a spouse disagrees with a petition for divorce. A spouse that disagrees with their spouse’s divorce petition can file a contested response. In a contested divorce, disputed divorce terms must be resolved between spouses in either court or mediation.
1. Carefully Read the Divorce Papers
The first thing you’ll want to do after you’ve been served the divorce petition is to read over the terms of divorce carefully. Decide and write down what terms you agree and disagree with. The divorce terms that you agree with can remain undisputed, and the terms you disagree with can be settled in court or mediation.
2. Complete, Review, and File a Contested Response
Fill out this document within 30 days of receiving the divorce petition:
- Response (Form FL-120)
In this document, you’ll list your preferred terms of child custody, child support, spousal support, and property division. If you list terms that disagree with your spouse’s petition, the divorce is contested. If you disagree with anything listed in the divorce petition, filing a contested response is pivotal to making sure you get the divorce terms you want. This document is essentially your legal response to your spouse’s petition for divorce.
If child custody and visitation rights are involved in your divorce, you can also fill out:
- Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105/GC-120)
- Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311)
It’s crucial that these forms are completed correctly, so hire an attorney to review them before filing. You can hire an experienced divorce attorney to make sure your preferred divorce terms are properly listed and filed. After an attorney has reviewed the paperwork, make two copies of each form. One copied set will be for your own records, the other copied set will be served to your spouse, and the original forms will be filed with the court.
For your contested response to be valid, you’ll need to file it within 30 days of being served the divorce petition. File these papers with your local court clerk. The clerk will stamp the forms “Filed”, then keep the originals and hand the copies back to you. You’ll be charged a $435 filing fee.
3. Serve the Papers to Your Spouse
After filing the divorce papers, get someone over the age of 18 to serve the divorce papers to your spouse. The service of process must be completed by an adult not involved in the case, so not you. You may also need to include financial disclosure forms in your service of process. For more information on how to serve divorce papers in California, click here.
4. File Proofs of Service
Make sure the process server completes either a:
- Proof of Personal Service (Form FL-330) OR
- Proof of Service by Mail (Form FL-335)
Then, file the proof of service with the same court you filed the response at. It’s very important that the service of process is properly completed. One of our experienced divorce lawyers in California can make sure this part of your divorce is correctly handled.
5. Continue With the Contested Divorce
Financial Disclosures
After you’ve filed and served your contested response, you and your spouse may need to exchange financial declarations of disclosure. If you and your spouse want to waive your rights to financial declarations of disclosure, you must both complete a Stipulation and Waiver of Final Declaration of Disclosure (Form FL-144).
To complete the financial declarations of disclosure in California, fill out:
- Declaration of Disclosure (Form FL-140) AND
- Income and Expense Declaration (Form FL-150) AND
- Schedule of Assets and Debts (Form FL-142) OR
- Property Declaration (Form FL-160)
As they are unique in every divorce, financial disclosures can be very tricky. Hire a divorce lawyer to help you exchange financial declarations of disclosure.
Bifurification
If you and your spouse have agreed to some issues but still disagree with others, you can ask for a separate trial to resolve these disputes. This is called bifurcation. Issues involving child custody and visitation, marital status, marriage dissolution, and prenuptial agreements can be dealt with through bifurcation.
FAQs About Contesting a Divorce in California
How much does a contested divorce cost in California?
The spouse filing the divorce petition will have to pay a $435 filing fee. It also costs $435 to file a contested response in California. Additional divorce fees can pile up from lawyers, mediation, and other legal expenses.
How long does a contested divorce take in California?
The contested divorce process in California takes at least six months. California has a six-month waiting period for all divorces. Contested divorces can take anywhere from 6 months to a few years. The length of your contested divorce depends on the complexity of your divorce issues.
Can you contest a divorce in California?
In California, spouses that disagree with what a petition for divorce can file a contested response. You can contest the divorce because you disagree with what your spouse is requesting.
Can you contest a default divorce in California?
Spouses can contest a default divorce in California if:
- The response was not filed because of your “mistake, inadvertence, surprise, or excusable neglect.”
- The petition for divorce was not correctly served to you
- The divorce judgment was done fraudulently, mistakenly, under duress or perjury, or without legal compliance
What happens at a contested divorce hearing in California?
In trial, a judge may decree court orders regarding contested divorce disputes. The court will hear each spouse’s request for child custody, child support, alimony, and asset separation, then determine court orders in accordance with California law.
Can I withdraw my consent to an uncontested divorce in California?
Withdrawing consent to an uncontested divorce can be very complicated. A judge may set aside a divorce judgment only if
- The response was not filed because of your “mistake, inadvertence, surprise, or excusable neglect.”
- The petition for divorce was not correctly served to you
- The divorce judgment was done fraudulently, mistakenly, under duress or perjury, or without legal compliance
Can a divorce be contested after it is final in California?
A final divorce judgment can be set aside or contested only if the response was incorrectly filed, the divorce petition wasn’t properly served, or if the divorce was fraudulent or illegal.
What are the advantages of contested divorce?
Spouses may seek to contest a divorce petition because they disagree with terms of child custody, child/spousal support, or property division. Filing a contested response is the first step to getting your preferred divorce terms.
How do I contest papers served for a divorce in California?
To contest a divorce petition served to you in California, complete and file a Response (Form FL-120). If you dispute child custody terms, also file Forms FL-311 and FL-105. Serve the contested divorce papers to your spouse.
What does it mean to contest a divorce?
Contesting a divorce is essentially disagreeing with the terms of divorce listed in the petition. A spouse may contest a divorce if they don’t agree with what is being asked for in the divorce petition.
What happens if a divorce is contested in California?
If a divorce is contested, that means that disputes must be resolved in either court or mediation. If spouses can settle divorce disputes relating to child custody, child support, alimony, and property rights in mediation, they won’t need to go to court.
Free Consultation With a Divorce Attorney in California
If you need to contest a divorce in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our divorce attorneys in California today!