DIVORCE
LITIGATION
Divorce Litigation
Strong Advocacy in Mendocino County Family Court
Divorce can be one of life’s most significant and challenging transitions. In some cases, when parties can’t agree, court intervention becomes necessary to reach a resolution. Litigation provides a structured process for addressing disputes that cannot be resolved through informal negotiation or agreement — especially when issues of custody, support, or property division are highly contested or complex.
At Perkins Family Law, PC, we provide strategic, skilled, and compassionate advocacy to protect your rights, your assets, and your family’s future. Our practice is experienced in managing both straightforward and complex divorce matters, including those involving all types of custody and property issues.
We also collaborate with a trusted network of professionals, including financial experts, custody evaluators, accountants, and therapists, to ensure that every aspect of your case is supported by the right expertise. By integrating expert insight with legal strategy, we help ensure that the court has a complete, accurate understanding of your case. This comprehensive approach allows us to advocate effectively for your goals and protect your long-term interests.
Let Our Experience Be Your Guide
In situations where there are a lot of hurt feelings stemming from a separation, it can be hard for the parties to make agreements. Emotions are raw, and it can be impossible for parties to cooperate in decision making. When this happens, litigation can be necessary, as it offers an opportunity for structure, clarity, and enforceability when alternative dispute resolution is not possible.
At Perkins Family Law, PC, we approach each case with preparation, professionalism, and a deep understanding of California Family Law. We keep your interests at the forefront of our work while ensuring we are presenting the best case possible to the Court, including all relevant evidence to ensure decisions are fair, thorough, and legally sound.
Is It Necessary?
What to Expect
Our Approach
Divorce litigation may be necessary to:
- Have decisions made when the parties cannot come to agreements on their own;
- Protect your rights and ensure financial and custody issues are decided fairly under California law;
- Obtain enforceable court orders when prior informal agreements fail;
- Address complex or high-conflict issues involving business valuation, hidden assets, or relocation disputes; or
- Enforce compliance where parties aren’t following agreements.
What to Expect in Divorce Litigation:
A divorce (or “dissolution of marriage”) generally includes five stages: At Perkins Family Law, PC, we guide you through each phase of the process with care and clarity:
- Filing and Response — We assist with preparing and filing, and arrange for service, if necessary, of the divorce petition and necessary documents to ensure all procedural steps are met.
- Discovery — There are both formal and informal discovery allowances in a dissolution case. Preliminary financial disclosures are required by the Court for every divorce or separation. This requires both spouses exchange financial information and supporting documentation, ensuring transparency and fairness. Final disclosures may be waived if both parties agree. There are also ways to conduct formal discovery in divorce cases: both sides can propound formal discovery requests, issue subpoenas, and conduct depositions or inspections.
- Motions and Hearings — By filing motions and attending court hearings, we may request temporary court orders for custody, support, or use of property while the case is pending.
- Negotiation and Settlement Efforts — Courts encourage settlement before trial, and we pursue every reasonable opportunity to reach an agreement between the parties while protecting your interests. This saves you a lot of money, because the less litigation required in your case, the less your case will cost!
- Trial — If settlement is not possible, we prepare thoroughly and advocate strongly for you at trial. We prepare witnesses, subpoena necessary records, and prepare discovery to be introduced at trial, so you have the strongest case possible when your day in court comes.
At Perkins Family Law, PC we know that litigation can be challenging, but with the right guidance, it can also bring clarity and closure. We balance strong courtroom advocacy with strategic problem-solving, always focused on achieving fair and lasting outcomes for our clients.
Schedule a 1-hour Consultation ($400) to talk to an attorney about your case. Let’s discuss whether litigation is the right approach for you.
DIVORCE LITIGATION Q&A
Frequently Asked Questions
Here are some Frequently Asked Questions regarding Divorce Litigation, to better help guide you through the process.
How long does divorce litigation take in California?
Will I have to go to court?
Family law does not require you to be present at every hearing, but it can be helpful for you to attend if you are able. You never know when the other side might want to try and make an offer to settle. However, many cases involve a few court appearances for setting of hearings or conferences, but most of the work happens through negotiation, document exchange, and preparation.
If longer evidentiary hearings or trial are required (i.e. where we present evidence on your behalf such as witnesses, photos, texts, experts, etc. to try and convince the Judge your position is correct), you must be present in court, and will likely have to testify, but we make sure you know exactly what to expect, what to bring, and how to prepare so that you feel confident and supported.
In some rare instances the court may allow an appearance by Zoom for an evidentiary hearing, however, that is rare and only allowed in certain circumstances.
Do I have to testify in court?
If your case proceeds to a contested evidentiary hearing or trial, you may need to testify about your finances, parenting, or other issues. Your attorney will prepare you thoroughly, by explaining the questions, the process, and how to present yourself clearly and calmly when testifying. Our goal is to make sure you feel well-prepared and never caught off guard.
How are temporary custody or support orders decided?
While your case is pending, either spouse may request temporary court orders for custody, child support, or spousal support. The court reviews each side’s financial declarations and evidence before making a decision. These temporary orders remain in place until the parties reach a permanent agreement, or the judge makes a final ruling at trial.
What if my spouse hides money or assets?
California spouses owe each other a fiduciary duty. During the time your case is pending there is also a restraining order in place – the ATROS. Be sure to read all information in the Summons and Petition so you are aware of your obligations and restrictions during your case.
California law requires both spouses to make full financial disclosures. If you believe your spouse is hiding assets, we can use formal discovery tools, such as discovery demands, subpoenas, depositions, investigators, or forensic accounting, to uncover the truth. Courts can impose penalties or award a greater share of assets to the honest spouse when one party conceals information.
Can I change a court order later?
What if my spouse won’t cooperate or respond to the divorce?
If your spouse fails to respond within 30 days, you may request a default judgment. The court can still divide property, determine custody, and issue support orders.
While it’s always better to have both parties participate, the process can continue even if one spouse refuses; you won’t be stuck indefinitely waiting for cooperation!
Is divorce litigation always expensive?
Litigation can be more costly than mediation or collaborative law (depending on the parties’ ability to work cooperatively toward resolution), but it’s sometimes necessary when parties can’t work together to make decisions. In litigation cases, there is far less control over costs and timing. While you can somewhat predict what your side will file in the case, you can never predict the actions of the other side and how hard they will fight (making your case far more costly). Regardless, we do our best to fight for your rights, while managing costs by staying organized, narrowing disputes early, and encouraging settlement where appropriate. We will also do our best to keep you informed of costs throughout your case. Our billing is transparent, and you’ll always know what to expect.
Will a judge make all the decisions?
Yes, if settlement isn’t possible then a Judge will be the one to decide who is right in the legal disputes. Throughout the process, you’ll have opportunities to reach agreements on specific issues, which can then be formalized by the court. This means the issues in your case will be narrowed, which is always good. Given litigation is expensive, you want to make agreements on big or small issues, whenever you can.
Even within litigation, many cases resolve through negotiation and partial or full settlement, minimizing the need for a full evidentiary hearing or trial.
What can I do to help my case?
Stay engaged, organized, and responsive. If you would like to work with our office, in order for us to effectively represent you, you must keep in communication, gather and organize all evidence and documents promptly, respond to requests for information from our office, and avoid discussing your case on social media. A cooperative, informed, and participatory client is one of the strongest assets in any case. Your active participation will also help to keep costs down.