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Client Success Stories
Jane has been my rock and helped me through my divorce. She is firm and knowledgeable. She is great at client management and helped me stay focused throughout ongoing disagreements with my ex. I refer all of my clients seeking family law help to Jane.
Linda M., San Diego, CAJane is the best when it comes to honesty and straight-to-the-point feedback. She doesn’t sugarcoat anything. I received the best service I could have asked for. I especially enjoy the occasional contact she makes to see how things are going. This personal touch from an attorney goes a long way....
Gilbert C., Chula Vista, CABefore Jane took my case I was not able to see my son very much. It got so bad I had to call the sheriff to try and enforce the agreement my ex and I had. The sheriff told me that I needed to have a court order and that’s...
Peter S., San Diego, CAJane is great. She is always straight to the point. She made sure I understood everything that was going on. She is absolutely confident in court, and her paralegals were always helpful. She cared for me and also for my family.
Andres A., Chula Vista, CAJane was FANTASTIC in court. She knows the law EXTREMELY WELL. She was able to fight things that were improper or not right, and things that went against the law. She was able to show patterns of behavior and lack of willingness to comply with orders. Not only did she...
Elisa D., Lakeside, CAJane was always patient and was willing to explain the legal issues in a way that a layman could understand. She responded to the legal process in a timely manner and was never a cause of delay. Her staff was courteous and efficient, and I enjoyed working with them. My...
Dale G., El Cajon, CAJane was so good it makes me want to get divorced again. I went through a horrific divorce, and Jane was there to ensure that I was protected. She had my best interests in mind—and I know for sure without her, I would have been in a very terrible situation.
Michael P., San Diego, CAJane is a fantastic attorney. Attentive, aggressive, informative, and compassionate! She assisted me with varied issues including divorce, restraining orders, and real property issues that spanned across two counties—San Diego and Riverside. She was consistently available to me to answer my questions, which is rare for attorneys. I highly recommend...
F.D., San Diego, CAWhen you feel your time-tested sense of reality shifting all around you and your reeling mind is busy trying to adjust to the altered attitudes of all the people you trusted….that is when you most need a rock like Jane Wesley Brooks. When you most want to shout out in...
Eric M., San Diego, CAWhat do you know, an honest lawyer! Jane took care of my divorce from long distance. Always gave me the straight scoop and weighed the pros and cons of each issue before any were taken on. I feel Jane saved me money navigating through the legal and emotional issues of...
Pete M., Franktown, COGoing through a divorce is not easy for anyone, but I feel that my divorce was exceptionally rough, and I am so glad that I had you by my side as attorney during this tough time. You always had my best interest in mind, understood all of my concerns, and...
Dr. M.P., San Diego, CACan’t imagine too many people enjoying having to engage a family law group but when needed you can’t afford to settle for anything but the best. Jessica, Jane’s associate attorney, continues to prove to be what every client should be looking for—responsive, respectful, understanding, and compassionate while never losing site...
Chris PJane is an AMAZING attorney! She got everything done for me ahead of schedule and was one of three very important people to me while going through a very difficult time….very upfront and honest to the core. She tells you exactly what you need to hear and never sugarcoats it....
Vinny C., San Diego, CAI want to thank you for taking such good care of me during my divorce. I had gone to another lawyer prior to getting your name from a friend, and that was a disaster. Once I was referred to you, you gave me outstanding service and handled my case with...
M.T., San Diego, CAI took a chance in trying a legal search service when I needed an attorney ASAP when dealing with a potential parental kidnapping case. As one would expect, there were many that responded, all of which claimed to be the best in their field with “years of experience in these...
Laurence R., Warrenton, VAI want to express my sincere appreciation for your outstanding job. It was a pleasure…particularly because of the exceptional confidence and resolution you irradiate. Thank you for your patience in dealing with me. My recognition also goes to your professional office team—they are absolutely helpful and courteous.
M.D.M., San Diego, CAThree years subsequent to the finalization of my divorce, I once again retained Ms. Brooks’ services to prepare documents to modify the original court decree in response to my changed employment status. Ms. Brooks expertly guided me…and achieved a revised final settlement that brought a permanent and irrevocable termination to...
D.E.G., San Diego, CAMy husband and I both used Jane for our first marriage issues. She is very informative, strong willed, personable, always had our best interest in mind, and is hands down the best family law attorney out there. I recommend her to everyone I meet who is going through a divorce.
Shauna H., Santee, CAPersonally, I cannot say enough about Jane Wesley Brooks. Honesty was our main focal point of every conversation. She shoots straight from the hip and explains exactly what could happen and what might happen, even sometimes hearing what you did not want to hear. My divorce process was more lengthy...
Hillary S., El Cajon, CAI had already gone through my divorce and was being taken back to court. I asked a good friend of mine if they knew of a really great attorney and they gave me Jane’s phone number. She is really great at her job and makes you feel very important. I...
Becky B., El Cajon, CAI cannot say enough great things about Jane Wesley Brooks!!! Unfortunately she wasn’t my first lawyer. I had to fire a lazy, incompetent lawyer first. Jane came to my rescue and took over my case. Fixing all the problems from the previous attorney. She is so knowledgeable about divorce, law,...
Cristin N., San Diego, CAJANE IS AWESOME! Smart and competent would be enough in any case, but she is also caring and fair and truly wants to help you. I spent my life savings and am still paying off my previous attorney. I can’t express how much I wish I would have known and...
Kim Z., San Diego, CAI interviewed four attorneys before I picked you to represent me. The others were only interested in my assets, not me personally. But you were different. Your compassion, competence, ethics, toughness, and communication skills were obvious. I made the right pick: During my divorce, you commanded the situation, explained exactly...
R. P., Carlsbad, CAJWB Family Law
San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101
Phone: (619) 234-6123
JWB Family Law
Temecula Divorce Attorneys
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: (951) 297-3871
JWB Family Law
El Centro
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: (760) 460-4608
The Difference Between Contested and Uncontested Divorce
Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney near you in San Diego, it’s essential to understand the difference between contested and uncontested divorce.
This article aims to provide a comprehensive overview of these two paths, showing their distinctions and guiding individuals through the decision-making process.
What is the difference between contested and uncontested divorce in California?
A contested divorce is when the parties to a divorce cannot agree on one or more major issues. The major issues unresolved in a contested divorce are property division, division of debts, division of assets, alimony, child support, and child custody.
A divorce can be contested for 3 reasons:
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- A factual disagreement
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- A legal disagreement
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- One or both of the spouses will not settle on some or all of the issues and terms of their divorce.
An uncontested divorce is when the parties to a divorce can agree on the terms of the divorce. In general, an uncontested divorce involves parties with no children and few assets to divide.
What are the major differences between contested and uncontested divorce?
Time
In an uncontested divorce, it is less time consuming for the spouses because it does not require a trial or other legal procedures. Typically, the parties will enter into a settlement agreement on all issues in their case, which is known as a martial settlement agreement. Once the marital settlement agreement is signed, the parties file the agreement as a stipulated judgment with the court. However, the couple must wait the mandatory 6 month waiting period before the court enters the judgment. An uncontested divorce is more likely to be finalized at the end of the mandatory waiting period, unless there is an unexpected delay.
However, a contested divorce is more time-consuming because it requires negotiations between the parties to agree on major issues such as property division, debts, division of assets, child support, child custody, and alimony. If the parties are unable to reach an agreement, the parties go to trial, which requires more time in court. It can take anywhere from minimum 6 months to several years for the court to enter a judgment for dissolution based on the unresolved issues of the case.
Cost
A contested divorce takes more time to finalize than an uncontested divorce. It entails filing a petition for dissolution, responding to the petition, hiring an attorney, discovery, filing pre-trial motions, attending hearings, engaging in settlement proposal and negotiations, and possibly preparing/attending trial. This makes contested divorces more expensive because the more time a lawyer spends on a case, the more the overall cost increases.
Control
While the terms of a contested divorce are decided by a judge, the terms of an uncontested divorce are agreed upon by the parties. Uncontested divorces are more predictable and allow the parties to agree to options that are unavailable to the court. The drawback of contested divorces is the parties lose control over the outcome of the divorce because they give decision making authority to the Court, which often leaves parties unsatisfied.
Emotions
Contested divorces are more emotionally charged and draining than uncontested divorces because the parties tend to disagree on sensitive issues such as child custody and visitation, and the division of the family home. It is also a stressful and emotional time ending a marriage. However, uncontested divorces are less hostile because the parties already agree on all major issues.
Disclosure process
Both uncontested and contested divorces require the same preliminary declarations of disclosures and the same final disclosure process. However, the only minor difference is many spouses waive their final declaration of disclosure in an uncontested divorce.
Appeal
Another difference between contested and uncontested divorces is the ability to appeal. Since in uncontested divorces the parties’ consent to the arrangement, the terms of the divorce are not appealable. However, if circumstances change significantly and/or a specific period of time has passed, the parties may modify the agreement. A contested divorce is more likely to be appealed by either spouse, which only prolongs the divorce process and increases the cost and time for the parties.
Where can I find a trustworthy divorce attorney near me in San Diego?
Whether you are dealing with a contested or uncontested divorce, the attorneys at JWB Family Law can provide you with advice and guidance based on our many years of family law practice experience in Southern California. Avoid the common mistakes by choosing the right lawyers and let us help you navigate the process every step of the way.