Contested divorce lawyer in San Diego
A contested divorce is a divorce where the spouses cannot agree on one or more major issues: custody, support, the house, a business, or how property and debts divide. In San Diego County, contested cases run through the family courts on a track that includes financial disclosures, Family Court Services mediation for custody disputes, Requests for Order for temporary decisions, a Mandatory Settlement Conference, and trial if the case does not settle. Most contested divorces do settle, but they settle on terms shaped by how well each side is prepared to litigate.
Erudaitius Law represents clients in contested divorces across San Diego County, from the office of Dimitry F. Erudaitius, Esq., a Certified Family Law Specialist. There is no intake department and no handoff: the attorney you consult with is the attorney who handles your case.
Short answer
If you and your spouse disagree about custody, support, or property in a way that private negotiation has not fixed, your divorce is contested, and the questions that matter are procedural: What has been filed? Are temporary orders in place? Are disclosures complete? Is a settlement conference or trial date set, and are you ready for it? A contested case is managed well or badly in the first ninety days, because temporary orders and the disclosure record tend to frame everything that follows.
What makes a divorce contested
Custody or visitation is disputed, including schedules, decision-making, or a parent's request to move
Child support or spousal support cannot be agreed, often because income is disputed or a spouse is self-employed
The family home, a business, retirement accounts, or separate-property claims need valuation or tracing
One spouse controls the finances and the other does not have full information
Restraining orders or safety concerns are part of the case
One side simply will not engage, forcing the other to move the case through the court
How a contested divorce moves in San Diego County
Filing and response. One spouse files a Petition for Dissolution; the other has 30 days after service to file a Response. Automatic temporary restraining orders take effect on filing and service, limiting what either spouse can do with property, insurance, and the children while the case is pending.
Disclosures. Both spouses must exchange preliminary declarations of disclosure: income and expense declarations, schedules of assets and debts, tax returns, and related financial documents. Incomplete disclosures are the most common self-inflicted delay in contested cases.
Temporary orders. Either side can file a Request for Order asking the court to decide custody, support, use of the home, and similar issues while the case is pending. These orders matter more than their name suggests; they set the pattern the court later sees.
Custody mediation. Contested custody and visitation go through Family Court Services mediation before a judge decides, unless an exception applies.
Discovery and valuation. When finances are disputed, the case may need formal discovery, subpoenas, or valuation work on a business or property.
Mandatory Settlement Conference and trial. San Diego County requires a settlement conference before trial in contested cases. Cases that still cannot settle are set for trial, where a judge decides the remaining issues.
What contested divorces cost here
Our published ranges: many straightforward divorces fall in the $4,000 to $6,500 range when the major issues are largely agreed; contested cases often run $8,000 to $16,000; and high-conflict litigation can reach $25,000 to $45,000 or more. The driver is the amount of disagreement the court has to resolve: motion practice, discovery disputes, evaluations, and trial days. You can read the full breakdown on our page: how much does a divorce cost in San Diego.
What good lawyering looks like in a contested case
Temporary orders treated as the major event they are, argued with organized evidence
Disclosures completed early and completely, so your credibility is never the issue
A settlement position built from the likely trial outcome, so negotiation happens from strength
Motion practice used when it changes the case, not as a billing exercise
A client who always knows the next date, the next deadline, and the plan for both
Talk through your case
A consultation is $250, credited toward your initial retainer if you hire Erudaitius Law within 30 days. You will meet with Dimitry F. Erudaitius, Esq., a Certified Family Law Specialist, and get a direct assessment of where your case stands and what the contested issues are likely to require.
Book a consultation: Book a paid consultation
Office hours are Monday through Thursday, 8:30 AM to 5:00 PM PT. The office is closed Fridays and weekends.
Erudaitius Law, PC — San Diego • Escondido. Dimitry F. Erudaitius, Esq., Certified Family Law Specialist.
This page is general information about California family law, not legal advice about your specific case.
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