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2777 Alvarado Street, Suite E
San Leandro, CA 94577
2777 Alvarado Street, Suite E
San Leandro, CA 94577
When a marriage breaks down and the relationship becomes irreparable, divorce is often the only viable solution. While some couples can navigate the process amicably through mediation or collaborative law, others find themselves embroiled in a high-conflict situation that necessitates litigation. Litigated divorce is a path that involves the court system, attorneys, and a judge who ultimately makes decisions on the key aspects of the divorce.
A litigated divorce is a type of divorce proceeding where the spouses are unable to reach agreements on their own and instead rely on the court to make decisions for them. Each party hires their own attorney to represent their interests and present their case before a judge. The litigation process involves filing motions, attending hearings, and potentially going to trial if a settlement cannot be reached.
In contrast to mediation or collaborative divorce, where the parties work together to reach mutually agreeable solutions, litigated divorce is an adversarial process. The spouses, through their attorneys, argue their positions and present evidence to support their claims. The court is responsible for making final decisions on issues such as property division, alimony, child custody, and support. Litigated divorce often involves more conflict, time, and expense compared to alternative dispute resolution methods.
The litigated divorce process begins with one spouse filing a petition for divorce with the court. The other spouse is then served with the petition and has a specified time to respond. From there, the discovery phase begins, which involves exchanging financial documents and other relevant information. If the parties cannot reach a settlement through negotiations, the case proceeds to trial. At trial, each side presents their evidence and arguments, and the judge makes a final ruling on the disputed issues.
The duration of a litigated divorce varies depending on the complexity of the case and the court’s schedule. On average, a litigated divorce can take anywhere from several months to a year or more to finalize. The length of the process is influenced by factors such as the extent of disagreements between the parties, the amount of discovery required, and the court’s caseload. It is generally a lengthier process compared to mediated or collaborative divorces.
The decision to pursue a litigated divorce depends on your unique circumstances. Litigation may be necessary if there is a significant power imbalance between the spouses, if one party is uncooperative or unreasonable, or if there are complex legal issues that require court intervention. However, it’s important to recognize that litigation can be emotionally and financially draining. It’s essential to consult with an experienced family law attorney who can assess your situation and advise you on the most appropriate course of action.
When facing the prospect of a litigated divorce, having a skilled and compassionate legal advocate by your side can make all the difference. At Bagner Law, I understand the challenges and emotional toll that litigation can take on individuals and families. As your dedicated family law attorney, I am committed to providing personalized guidance and aggressive representation to protect your rights and interests throughout the process.
With extensive experience handling complex divorce cases in the East Bay Area, including Oakland, San Leandro, Hayward, Union City, and Fremont, I have the knowledge and expertise to navigate the intricacies of the legal system. I will work tirelessly to ensure that your voice is heard and that your goals are vigorously pursued in the courtroom.
If you are considering a litigated divorce or find yourself in the midst of a high-conflict situation, don’t face it alone. Contact Vonnah Bagner at Bagner Law, PC today to schedule a consultation. Together, we can develop a strategic plan to achieve the best possible outcome for you and your family.
Bagner Law, PC opened in 2003 as Law Offices of Vonnah M. Bagner with offices in San Francisco and San Leandro, CA. In 2005, the entire practice was moved to San Leandro. 
2777 Alvarado Street, Suite E
San Leandro, CA 94577
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