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Contested Divorce Versus Non Contested Divorce

In San Diego, there are many contested divorces and non contested divorces. Both non contested and contested divorces include the same issues: custody; visitation; child support; spousal support; division of assets and debts; attorney fees and others. Both contested and non contested divorces are filed in the family law court houses in San Diego. The goal of all should be to have a non contested divorce however, as one parties interest may be adverse to another parties interest [such as a payee of support would like to get more money and a payor of support would like to pay less money] sometimes the matter is contested. It is possible to have some issues non contested while contesting other issues.

A contested divorce in San Diego is heard in the family law courts. The court has jurisdiction [power and authority] over divorce issues. For temporary orders, including spousal support, child support, visitation, custody, temporary use of a residence, temporary use of a vehicle and others, these are filed in a motion called and Order to Show Cause. Temporary orders are those which are made pre judgment. For permanent orders [which include the issues contained in the temporary orders including the use and/or division of a residence, vehicle, parenting plan, spousal support and child support] the Judge hears these at time of trial and makes orders in accordance with the Family Law Code of California. These orders then become the judgment and any orders after that are considered post judgment.

A non contested divorce in San Diego is where the parties reach agreements outside of court rather than having a Judge make the decision. These are normally in the form of a written stipulation which is the agreement of the parties and then submitted to the Judge for signature. These agreements can include temporary orders such as custody, visitation, child support, spousal support, attorney fees and also temporary exclusive use of a residence or car and can also include permanent orders for the division of assets and debts. In many cases, the parties can reach a total agreement on all temporary and permanent orders and these can be incorporated into a marital settlement agreement which is then submitted to the Judge with the judgment pleadings. The requirements are very technical and are contained in both the California Family Law Code and the San Diego County Local Rules.

Please do not hesitate to contact us if you have questions on a contested or non contested divorce in San Diego.

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