Contested Divorce

Protecting What You’ve Built in Divorce

Bay Legal represents professionals, executives, and business owners in complex divorces where significant assets, investments, and futures are on the line.

When a marriage ends in disagreement, the path forward can seem uncertain and overwhelming. A contested divorce arises when spouses cannot agree on one or more critical issues, such as the division of property, child custody, or financial support. In these moments, you need more than just a lawyer; you need a powerful advocate and a strategic partner to protect your assets, your family, and your future.

At Bay Legal, we specialize in navigating the complexities of contested divorce in California. Our firm is built to provide assertive, sophisticated, and discreet representation for professionals, business owners, and high-net-worth individuals facing high-stakes disputes.

What is a Contested Divorce in California?

A divorce is considered “contested” the moment you and your spouse disagree on any key term of your separation. Even if you agree on 99% of the issues, a single unresolved point—like the value of a business or a specific custody arrangement—places you in a contested situation.

Common areas of dispute in a contested divorce include:

• Complex Property Division: Disagreements over how to divide assets like businesses, real estate holdings, stock options, and retirement accounts.
• Child Custody and Visitation: Conflicts over parenting time, decision-making authority, or plans to relocate with a child.
• Spousal and Child Support: Disputes regarding the amount or duration of financial support.
• Hidden Assets: Suspicions that one spouse is not being truthful about their finances, requiring investigation.

A contested divorce does not automatically mean a long, drawn-out court battle. Many contested issues are resolved through strategic negotiation or mediation. However, it does mean you require an attorney who is fully prepared to protect your interests in court if a fair settlement cannot be reached.

The stakes are high. You need a legal strategy from day one. Schedule your confidential strategy session today.

Why Choose Bay Legal?

Divorce is more than the end of a marriage — it is the division of a financial life you’ve worked hard to create. Bay Legal is built for clients whose cases involve more than simple property division. Our attorneys understand how to evaluate and protect complex marital estates, including businesses, professional practices, real estate holdings, retirement accounts, and sophisticated compensation structures such as stock options, RSUs, carried interest, and executive packages. Where others see complexity, we see the critical details that are essential to securing your financial future.

We bring financial precision to family law. Our team approaches every matter with the same level of rigor found in business litigation and estate law. This means we don’t just see a legal problem; we see a high-stakes financial transaction that demands meticulous analysis and strategic planning. We ensure your success is protected in negotiations, in mediation, and in the courtroom, where it matters most.

Call Bay Legal PC at (650) 668-8000 to discuss a private divorce plan tailored to protect your company, family, and long-term goals.

How It Works?

Our process is designed to provide clarity, control, and a strategic advantage from day one. We manage the conflict and the complexity, allowing you to focus on your future.

Step 1: Strategic Consultation

We begin with a detailed, confidential review of your complete financial picture. This is more than a standard intake; it is a deep-dive strategy session where we identify potential risks to your assets, uncover opportunities for favorable outcomes, and build a powerful legal strategy tailored directly to your personal and financial priorities.

Step 2: Retainer Deposit

Securing a high-caliber legal team is the most critical investment you can make in your future. Representation begins with an initial retainer deposit, typically ranging from $15,000 to $25,000, which is placed into a secure client trust account. All work by our expert attorneys and paralegals is billed hourly against this retainer, ensuring our focus is entirely on achieving your objectives.

Step 3: Discovery and Financial Analysis

In a high-net-worth divorce, information is the key to success. We manage the critical “discovery” phase with forensic attention to detail. This includes managing financial disclosures, asset tracing, and coordinating with experts for business and property valuations. Our in-depth review of compensation packages and investment portfolios is designed to establish a complete, accurate, and undeniable picture of the marital estate.

Step 4: Negotiation and Litigation

Armed with a thorough financial analysis, we press for favorable settlements from a position of strength. However, we understand that a fair agreement is not always possible. If negotiations fail, we are fully prepared to litigate. Our courtroom advocacy is assertive and sophisticated, designed to protect your assets, your children, and your future with unwavering resolve.

Step 5: From Divorce to Long-Term Protection

Our representation doesn’t stop once judgment is entered. A divorce fundamentally alters your financial landscape. After your case is finalized, we immediately address the next critical step: securing your new financial reality through estate planning. This ensures your business interests, investments, and properties are preserved and protected for the future. By carrying your legal strategy forward, Bay Legal provides a seamless transition from divorce to wealth management, safeguarding what you fought to protect.

Our Commitment

Our entire practice is built on a foundation of four key promises to our clients.

• Financially Sophisticated Representation

We bring deep experience in analyzing and litigating cases involving businesses, real estate portfolios, and complex equity compensation. We speak the language of finance and translate it into a powerful legal advantage.

• Litigation-Ready

We believe the strongest negotiating position comes from a credible readiness for trial. Our team is always prepared to advocate forcefully in court when your financial stability is at risk.

• Transparent Billing

With deposits starting at $15,000 and clear hourly billing, you will have a transparent view of your investment in our services. We provide detailed accounting of all work performed, ensuring there are no surprises.

• Results-Focused

We measure our success by protecting what matters most to you. Our focus is squarely on achieving tangible results that secure your wealth, protect your family, and provide a stable foundation for your future.

Move forward with a private and efficient divorce while protecting your company and long-term goals. Call Bay Legal PC at (650) 668-8000. We design custom plans and coordinate with your advisors when needed.

Who This Is For

Our contested divorce representation is specifically engineered for individuals whose financial and personal lives are complex. We are the ideal firm for you if your matter involves:

• Ownership of businesses, professional practices, or real estate portfolios.

• Significant investments, retirement accounts, or other aspects of a complex marital estate.

• Compensation structures involving stock options, RSUs, carried interest, or other executive packages.

• High-stakes disputes involving child custody, spousal support, or the division of high-value property.

FAQs on Contested Divorce in California

1. What exactly is a contested divorce?

A divorce is considered “contested” if you and your spouse disagree on at least one key issue. This could be anything from how to divide a business, the amount of spousal support, or a specific child custody arrangement. It doesn’t mean you disagree on everything—just that there are unresolved issues that require negotiation or a court’s decision.

2. How long does a contested divorce take in California?

While every case is different, a contested divorce will take longer than the minimum six-month waiting period in California. The final timeline depends on the complexity of your assets and the level of conflict between you and your spouse. Cases can take anywhere from several months to well over a year to fully resolve.

3. Does “contested” mean we have to go to trial?

Not necessarily. In fact, the vast majority of contested divorces do not end in a trial. The term simply means you start the process with disagreements. Most of these disagreements are resolved through strategic negotiation, mediation, or other settlement methods led by experienced attorneys. A skilled lawyer’s goal is often to reach a favorable settlement without the expense and stress of a trial.

4. How is property divided in a contested divorce?

California is a community property state. This means all assets and debts acquired during the marriage are presumed to belong equally to both spouses (a 50/50 split). In a contested divorce, the disputes often aren’t about the 50/50 rule itself, but rather:

• What is considered community property vs. separate property.

• The actual value of an asset, like a business or real estate.

• Whether one spouse is hiding assets.

5. What is the “discovery” process?

Discovery is the formal legal process of gathering information and evidence from your spouse. It’s how each side gets a complete and honest picture of the entire financial situation. This process involves exchanging financial documents, asset disclosures, and sometimes, depositions. It is a critical step in a contested case to ensure all assets are accounted for and properly valued before any settlement is reached.

6. How are child custody and spousal support decided?

• Child Custody: The court’s primary focus is the “best interests of the child.” A judge will consider factors like the child’s health and safety, the emotional ties between the child and each parent, and each parent’s ability to provide a stable environment.

• Spousal Support: Unlike child support, there is no rigid statewide formula for long-term spousal support (alimony). A judge will weigh several factors, including the length of the marriage, the marital standard of living, each spouse’s income and earning capacity, and contributions made during the marriage.

7. What is a private judge, and should I consider one?

A private judge is a retired judicial officer you and your spouse can hire to preside over your case. For contested divorces, especially high-net-worth cases, this is a powerful strategic tool. The two main benefits are:

• Speed: You bypass the overcrowded public court system, resolving your disputes in a fraction of the time.

• Confidentiality: Your financial information, business details, and personal matters remain completely private and out of the public record.

You’ve worked hard to build your success — don’t risk losing it in divorce. Bay Legal delivers results-focused representation designed to protect your financial future, your children, and everything you’ve earned.

Schedule a Confidential Consultation Today