Divorce is never easy, but when you and your spouse cannot reach agreement on critical issues like child custody, asset division, or spousal support, the process becomes contested and deeply personal. At Feak & Revelo, LLP, we understand that a contested divorce is not just a legal dispute; it is one of the most difficult journeys a family can face.
Our San Jose contested divorce attorneys approach every case with the care, compassion, and precision it deserves. We take the time to understand your family’s unique story, your concerns for your children, and your goals for the future. By truly listening to your situation, we craft personalized strategies that protect what matters most to you.
Whether you are initiating a contested divorce or responding to one, our team is here to guide you with clarity, confidence, and kindness every step of the way.
What Is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more critical issues in their divorce. Unlike an uncontested divorce, where both parties agree on terms and the process can move quickly, a contested divorce involves negotiations, mediation, and potentially litigation. Under California Family Code, the court must resolve disputes in a manner that protects the interests of all parties, with particular attention to children’s well-being.
Common issues that lead to contested divorces include:
Division of Assets and Property: California’s community property laws dictate how marital assets are divided. Disagreements often arise over what qualifies as separate versus marital property and how to equitably divide complex assets.
Spousal Support: One spouse may seek spousal support (alimony), and disagreements frequently occur over the amount and duration of such support.
Child Support: When children are involved, child support calculations can become a significant point of contention, especially when one spouse disputes income figures or the other’s financial obligations.
Navigating Santa Clara County Family Court
The Santa Clara County Superior Court Family Division handles thousands of divorce filings each year, and contested cases often face significant scheduling demands. The timeline for any given case depends on many factors, including the complexity of the issues, the level of disagreement between parties, and the court’s calendar. Our attorneys can give you a realistic sense of what to expect based on your specific circumstances during your consultation.
Local courts increasingly encourage alternative dispute resolution methods. Santa Clara County requires mandatory mediation for custody disputes through Family Court Services, and voluntary settlement conferences have proven effective in resolving many cases before trial. Our attorneys’ familiarity with these local procedures, and the judges and mediators who oversee them, allows us to develop strategies tailored to how Santa Clara County courts approach contested family matters.
Contact Feak & Revelo, LLP today or call (408) 501-8883 to
schedule a free consultation with a Contested Divorce Attorney in San Jose, California!
Why Contested Divorces Are So Complex
Contested divorces are complex for several reasons. Emotions are often heightened, especially when the divorce involves infidelity, financial betrayal, or fundamental disagreements about parenting. One spouse may feel blindsided or unwilling to compromise, leading to a prolonged legal process.
The legal framework adds another layer of complexity. Property division must follow California’s community property laws, and custody decisions must prioritize the child’s best interests under established legal standards. With so much at stake (your financial security, your relationship with your children, your future), experienced legal representation is invaluable.
Common Issues in Contested Divorces
While every case is unique, certain issues commonly arise in contested divorce proceedings:
Child Custody Disputes: California courts evaluate custody arrangements based on the child’s best interests, including maintaining stability, preserving existing relationships, and ensuring a safe environment. When both parents seek primary custody or concerns exist about a parent’s fitness, the case may require extensive litigation, testimony, or psychological evaluations.
High-Asset Property Division: In marriages involving complex financial portfolios (business interests, stock options, retirement accounts, or multiple properties), dividing assets becomes significantly more challenging. This is particularly common in the San Jose area, where tech industry compensation packages often include equity that requires specialized valuation. Our attorneys work with financial experts to uncover, evaluate, and protect your share of marital wealth.
Allegations of Misconduct: In some contested divorces, allegations such as domestic violence, substance abuse, or financial fraud significantly affect the outcome. These issues may influence custody, spousal support, and property division. Our attorneys handle high-conflict situations with discretion and the rigorous attention they require.
Disagreements over Spousal Support:Spousal support is frequently contested. Whether you are seeking support or facing a request to pay it, we advocate for fair arrangements that reflect your standard of living, the length of your marriage, and both parties’ financial circumstances.
How Our San Jose Contested Divorce Attorneys Can Help
At Feak & Revelo, LLP, our founding attorneys Samantha and Alexis bring over 15 years of combined experience to contested divorce cases. We provide skilled representation focused on achieving fair and equitable resolutions while protecting your rights and your children’s well-being.
Negotiation and Settlement: While some contested cases require courtroom litigation, many can be resolved through skilled negotiation. Our attorneys have extensive experience working with opposing parties to reach settlements that align with your needs and goals, often saving time, reducing costs, and minimizing emotional strain on your family.
Mediation Services: Mediation offers an effective path to resolving contested issues without formal litigation. Our attorneys are well-versed in mediation techniques and can represent your interests as your advocate throughout the mediation process.
Litigation Representation: When settlement negotiations or mediation cannot resolve your contested divorce issues, litigation may be necessary. In such cases, our attorneys are prepared to represent you in court, advocating forcefully for your rights before a judge.
The Contested Divorce Process in California
A contested divorce in California involves several legal steps. Here is how our attorneys guide clients through each phase:
Filing and Response: One spouse files a Petition for Dissolution of Marriage with the California Courts, stating the grounds for divorce and outlining contested issues. The other spouse must file a formal Response within 30 days.
Preliminary Disclosures: Both parties must exchange financial disclosures, including income, expenses, assets, and debts. This transparency requirement ensures a foundation for fair division and is mandated by California law.
Discovery: During discovery, both sides gather evidence through document requests, depositions, interrogatories, and subpoenas. Our attorneys use this phase strategically to uncover facts that support your position and identify any hidden assets or misrepresentations.
Settlement Negotiations or Mediation: Before trial, courts typically require attempts at settlement or mediation. Many cases resolve at this stage. We come prepared with thorough documentation, clear data analysis, and proven negotiation strategies.
Trial: If no agreement is reached, the case proceeds to trial. A judge will hear testimony, review evidence, and issue final rulings on all contested matters. Our attorneys have extensive courtroom experience and will advocate vigorously for your interests.
Why Choose Feak & Revelo, LLP?
When facing a contested divorce in San Jose, having the right legal support makes all the difference. Feak & Revelo, LLP was founded by seasoned attorneys Samantha and Alexis, who built our firm on principles of excellence, integrity, and client-centered advocacy.
What sets us apart is our singular focus on family law. We do not dabble in family matters while practicing other areas of law. This is all we do. This focus allows us to stay at the forefront of legal developments, maintain deep relationships within the Santa Clara County family court system, and develop innovative strategies for complex cases.
We are also deeply rooted in the Northern California community, participating in pro bono work and community initiatives that reflect our commitment to helping families, both inside and outside the courtroom. For information about legal aid resources, the State Bar of California maintains a directory of assistance programs.
Contact Feak & Revelo, LLP Today
If you are facing a contested divorce and need an experienced attorney in San Jose, contact Feak & Revelo, LLP. Our team of dedicated contested divorce attorneys is ready to guide you through the process, protect your rights, and help you move forward toward a brighter future for you and your family.
Call us at (408) 501-8883 or contact us online to schedule a free consultation.
Frequently Asked Questions About Contested Divorce in San Jose
How long does a contested divorce take in California?
The timeline varies significantly depending on the complexity of your case and the level of disagreement between parties. Factors that affect duration include whether children or significant assets are involved, how willing both parties are to negotiate, and the court’s scheduling demands. Cases where parties can reach partial agreements through mediation often resolve more quickly than those requiring full litigation. During your consultation, we can give you a better sense of what to expect based on your specific situation.
What is the difference between a contested and uncontested divorce?
In an uncontested divorce, both spouses agree on all major issues (property division, custody, support) and can proceed relatively quickly. A contested divorce means you and your spouse disagree on one or more critical issues, requiring negotiation, mediation, or court intervention to resolve. Many divorces begin as contested but become uncontested once agreements are reached through negotiation.
Can we try mediation before going to court?
Yes, and in Santa Clara County, mediation is actually required for custody disputes. Mediation offers many advantages: it is typically faster, less expensive, and less adversarial than litigation. It also gives you more control over the outcome rather than leaving decisions to a judge. Our attorneys can represent you throughout the mediation process or help prepare you for mandatory court mediation.
How much does a contested divorce cost?
Costs vary widely based on the complexity of your case, the issues in dispute, and whether the matter settles or goes to trial. During your initial consultation, we will discuss our fee structure and help you understand what to expect based on your specific circumstances. We believe in transparent communication about costs so you can make informed decisions.
What happens to our house in a contested divorce?
Under California’s community property laws, the family home (if acquired during the marriage) is generally considered community property subject to division. Options typically include one spouse buying out the other’s interest, selling the home and dividing proceeds, or in some cases, delaying sale until children reach a certain age. If you and your spouse cannot agree, the court will make this determination.
How are child custody decisions made in a contested divorce?
California courts make custody decisions based on the child’s best interests. Factors include the child’s health, safety, and welfare; any history of abuse; the nature of contact with both parents; and the child’s ties to school, home, and community. In contested cases, the court may order custody evaluations or appoint professionals to make recommendations.
Do I need an attorney for a contested divorce?
While you are not legally required to have an attorney, contested divorces involve complex legal procedures, strict deadlines, and decisions that will affect your life for years. An experienced family law attorney protects your rights, helps you understand your options, and advocates for the best possible outcome. This is especially important when children, significant assets, or complex issues are involved.
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
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