The envelope looks ordinary, but the words inside it do not. You have just been served with divorce papers that claim things you never agreed to about your children, your home, or your money. Your first instinct may be to refuse to sign anything, throw the papers in a drawer, or fire off a furious message to your spouse.
If you live in Pasadena or elsewhere in Los Angeles County, you are not alone in feeling blindsided. Many spouses are shocked to see custody proposals that limit their time with their children, support numbers that seem impossible, or property claims that ignore years of effort. Contesting a divorce in Pasadena is possible, but it does not work the way most people imagine, and the first weeks after you are served can have a lasting impact on your case.
At Marilyn Smith Law APC, we draw on nearly 50 years of combined experience in civil disputes and family law across Los Angeles County. We have sat across the table from many Pasadena clients on the day they receive those papers, and we know how to turn that initial chaos into a clear plan. In this guide, we explain what contesting a divorce really means in California, how the process works in Pasadena courts, and how to make strategic choices that protect what matters most to you.
Contact our trusted family lawyer in Pasadena at (626) 317-6068 to schedule a confidential consultation.
What It Really Means to Contest a Divorce in Pasadena
Many people think that contesting a divorce means stopping it. In California, that is not how the law works. California follows a no-fault divorce system. This means the court does not require either spouse to prove that the other did something wrong, and if one spouse wants to end the marriage, the court generally allows the divorce to move forward, even if the other spouse strongly objects.
When we talk about contesting a divorce in Pasadena, we are really talking about contesting the terms of the divorce, not whether the divorce happens at all. The terms include child custody and visitation schedules, child support, spousal support, division of assets and debts, and how to handle things like a family home or small business. A divorce is uncontested when both spouses are able to agree on all of these points and submit a written agreement. It becomes contested when they disagree on one or more material issues and need the Los Angeles County Superior Court to decide.
In practical terms, contesting begins the moment you file a formal Response to the Petition that was served on you. The Petition sets out what your spouse is asking the court to do. The Response tells the court where you agree, where you disagree, and what you want instead. Simply refusing to sign anything does not prevent the case from moving forward. Instead, if you ignore the papers, your spouse can usually ask the court for a default judgment on the terms they requested, which often leaves you in a much worse position.
We see common misconceptions in Pasadena all the time. One spouse may say, “I will not give them a divorce; I just will not sign.” Another may believe that giving any response means they are agreeing to the divorce. In reality, filing a timely Response is your way to preserve your rights and to contest what you find unfair. Our role is to help you understand exactly what your spouse is asking for and to shape a Response that puts your priorities in front of the court from the start.
First Steps After You Are Served With Divorce Papers
After you are served in Pasadena, the clock starts ticking. In many cases, you have around 30 days from the date you were served to file your formal Response with the court. If you miss that deadline and do nothing, your spouse may ask for a default. A default allows the court to grant many of the requests in the Petition without your participation, which can lock in custody arrangements, support levels, and property divisions that are very hard to undo later.
The packet you received usually includes a Summons and a Petition. The Summons is the document that officially notifies you of the case and warns you not to move children out of state, hide assets, or cancel insurance without agreement or a court order. The Petition lists your spouse’s proposed answers to key issues, such as whether there are minor children, who should have legal and physical custody, whether support should be paid, and how property and debts should be categorized and divided. Carefully reading these documents, even when they feel upsetting, is the first step toward a clear response.
At this early stage, there are several smart moves you can make. First, mark your response deadline on a calendar so it does not sneak up on you. Second, begin gathering basic financial information such as recent pay stubs, tax returns, bank statements, mortgage documents, and any information about retirement accounts or investments. Third, avoid emotional reactions that can damage your case, such as lengthy, angry texts, social media posts about your spouse, or sudden financial moves that might look like hiding assets. All of these can surface later in court and affect how a judge views you.
Contesting starts on paper, not in a dramatic courtroom scene. Your Response allows you to admit items you do not intend to fight, contest those you disagree with, and make your own requests. For example, you might agree that the marriage should end, but disagree with your spouse’s proposed custody schedule or spousal support request. At Marilyn Smith Law APC, we routinely sit down with Pasadena clients soon after they are served, review the Petition line by line, and craft a Response that lays the groundwork for the strategy ahead instead of reacting purely from anger or fear.
Key Issues You Can Contest in a Pasadena Divorce
Once you understand that contesting means fighting over terms, the next question is, “Which terms?” In California, the main contested areas are child custody and visitation, child support, spousal support, and division of assets and debts. Each of these categories follows its own legal standards, and each can have long-lasting effects on your daily life and long-term finances.
Child custody and visitation often bring the most emotion. Courts in Pasadena and throughout California make custody decisions using the “best interests of the child” standard. Judges typically look at factors such as the child’s health, safety, and welfare, the nature and amount of time each parent has spent with the child, any history of abuse or substance issues, and which parent is more likely to support an ongoing relationship with the other parent. A parent’s schedule, their track record of involvement in school or medical appointments, and their behavior during the case can all influence this analysis.
Support and property issues are usually more technical, but they are just as important. California generally follows a community property system. In plain language, this usually means that income and assets acquired during the marriage are presumed to belong to both spouses, while property owned before marriage or received by gift or inheritance may be treated as separate property. In contested cases, spouses often disagree about whether certain assets are community or separate, how to value a business or real estate, and who should take responsibility for debts.
Child support is often calculated using statewide guideline concepts that take into account each parent’s income, the amount of time the child spends with each parent, and certain deductions or add-ons. Spousal support has both temporary and longer-term components, with the court considering factors such as the length of the marriage, the standard of living during the marriage, each spouse’s earning capacity, and their respective needs and resources. These financial questions can become complex, especially when one spouse owns a business or has fluctuating income.
Because contested divorces in Pasadena often involve overlapping custody, support, and property disputes, we approach them from multiple angles. At Marilyn Smith Law APC, our interdisciplinary mindset means we do not look at each issue in isolation. We consider how a proposed custody schedule might affect earning capacity, how selling or keeping a home interacts with support, and how business or real estate interests need to be handled so you are not surprised by tax, liability, or future dispute issues later.
How the Contested Divorce Process Works in Pasadena Courts
Once a divorce becomes contested, the case follows a general sequence in the Los Angeles County Superior Court, which serves Pasadena. While every case is unique, most follow similar stages. Understanding this path can reduce the sense of mystery and help you decide where to focus your energy and resources.
After the Petition and Response are filed, both sides must complete preliminary financial disclosures. These are sworn documents where you list your income, expenses, assets, and debts, along with supporting documents. Courts in and around Pasadena rely heavily on these disclosures because they provide the foundation for fair support and property decisions. Failing to provide complete and accurate information can damage your credibility and lead to orders that feel one-sided.
Early in the case, one or both spouses often file Requests for Order asking the court to make temporary decisions about issues that cannot wait until the end. This can include temporary custody and visitation schedules, child support, spousal support, who will stay in the family home during the case, and who will pay certain bills. Judges generally prefer stability, so the way these initial orders are set can influence how the final arrangements look. Hearings on these requests are usually scheduled within weeks or a few months, depending on court calendars and the complexity of the issues.
As the case progresses, discovery gives each side tools to gather more information. This can include exchanging more detailed financial documents or sending written questions, and in more complex cases, taking depositions. Discovery is where hidden assets often come to light and where income or business value questions are explored. In Los Angeles County, contested cases that involve significant property, business interests, or parenting disputes may stay in this phase for some time while the parties and the court work to understand the facts.
Not every contested divorce goes to a full trial. In many Pasadena cases, there are settlement conferences or mediation sessions where spouses, often guided by their attorneys, work toward agreements on some or all issues. Courts commonly expect parties to make good faith efforts to resolve disputes outside a full trial, especially where children are involved. If key issues remain unresolved, the case eventually proceeds to trial, where each side presents evidence and witnesses, and the judge makes final rulings. Because court calendars in Los Angeles County are busy, it is common for contested divorces to take many months or longer from filing to final judgment.
Our nearly 50 years of combined experience at Marilyn Smith Law APC includes extensive work within these Pasadena area processes. We know how local judges tend to structure calendars, what they often focus on in temporary order hearings, and how to pace discovery and negotiation so that you are prepared without being overwhelmed. That experience allows us to give you realistic expectations about timing and to help you stay focused on the stages that matter most for your goals.
Strategy Choices: When Contesting Helps and When It Hurts
Once you understand the issues and the process, the question becomes how hard to push on each point. Contesting a divorce can protect your children and your financial future, but it can also consume time, money, and emotional energy. The key is to be strategic rather than reactive, and to distinguish between what truly matters and what feels urgent in the moment but will not change your long-term life in a meaningful way.
One common pattern we see in Pasadena is the spouse who wants to fight every single request in the Petition. While that reaction is understandable, contesting every detail tends to lengthen the case and increase legal fees, often without improving the outcome. For example, a parent might spend months arguing over a small scheduling detail while losing sight of bigger questions like decision-making authority for schooling or healthcare. A more effective approach is to identify a few top priorities, such as preserving meaningful parenting time, protecting a business, or ensuring a fair approach to the family home, and to adjust strategy around those.
There are real tradeoffs to consider. Litigating the value of a closely held business or the characterization of a piece of real estate, for instance, may require experts and extensive discovery. Sometimes that investment makes sense because the asset is significant and the documentation is unclear. Other times, pursuing a slightly different division or creative buyout structure can serve your interests without the same level of conflict and cost. On the parenting side, aggressively attacking the other parent without a strong factual basis can backfire, harming your credibility and straining co-parenting relationships for years.
In Pasadena, there are structural points in the case that encourage resolution, such as mediation and settlement conferences set by the court. Judges generally appreciate parties who come prepared with proposals, know their priorities, and can explain their reasoning. At Marilyn Smith Law APC, we use a collaborative approach with our clients to decide where to hold firm and where a compromise might buy more peace without sacrificing essentials. That means talking candidly about what a court is likely to do, what it may cost to prove a point, and how each option fits into your long term goals.
The right strategy for contesting is rarely “fight everything” or “give up and sign.” Instead, it is about taking control of the process, using the tools the law provides, and being intentional about where you invest your energy. Our role is to move you from reacting to a painful Petition to making clear, informed choices at each step.
Common Mistakes Pasadena Spouses Make When Contesting Divorce
In high-stress situations, even thoughtful people make mistakes that can harm their cases. Recognizing these traps early can save you from months of unnecessary difficulty. In Pasadena contested divorces, several missteps tend to show up again and again, often with predictable consequences in court.
One major mistake is ignoring deadlines or letting fear freeze you into inaction. Failing to respond to the Petition, missing a hearing, or delaying required financial disclosures can lead to defaults, one-sided orders, or sanctions. Judges generally take a dim view of parties who appear not to respect the process, and that perception can influence how much benefit of the doubt they give you on contested issues. On the other hand, timely, complete participation shows the court that you are taking your obligations seriously.
Another pitfall is treating social media, email, and text messages as private outlets for frustration. In contested custody cases, we often see screenshots of angry posts or messages presented in court to argue that a parent is unstable, uncooperative, or unwilling to support the child’s relationship with the other parent. Similarly, making sudden financial moves, such as draining accounts or transferring assets, can be portrayed as hiding money, which may lead to adverse findings or penalties. Even if you feel pressured, taking drastic steps without legal advice can create problems that are harder to fix than the original dispute.
Some spouses believe that withholding documents or refusing to answer discovery will give them leverage. In reality, judges in Los Angeles County have tools to deal with noncooperation. They can order you to comply, award attorney’s fees to the other side, limit the evidence you can present, or, in serious cases, decide issues based on the information available, which is rarely favorable to the noncooperative party. Cooperation does not mean surrendering your position. It means providing the required information so the case can be decided on accurate facts, while still arguing for terms that protect your interests.
At Marilyn Smith Law APC, we have seen how avoidable mistakes can derail an otherwise strong position. Part of our job in a contested Pasadena divorce is to help you channel your energy into actions that support your case. That includes coaching clients on communication, helping organize financial records, and preparing for how their choices might look to a judge. By focusing on what helps rather than what feels satisfying in the moment, you improve your chances of achieving a workable outcome.
Preparing Your Case With a Pasadena Divorce Attorney
When you decide to contest divorce terms, you are entering a process that blends law, facts, and human relationships. Trying to manage that alone, while working and caring for children and dealing with the emotional fallout of separation, can feel overwhelming. Working with a Pasadena divorce attorney gives you both a guide to the system and a partner in decision-making.
At Marilyn Smith Law APC, preparation begins with listening. We take time to understand your history, your family dynamics, your financial picture, and what you most want to protect. Then we review the Petition and any early filings with you, identify the contested issues, and start shaping a plan. That plan often includes concrete tasks you can tackle, such as gathering certain documents or keeping a simple log of parenting time, and legal steps we handle, such as drafting your Response or preparing requests for temporary orders.
Our interdisciplinary approach is especially valuable when your divorce overlaps with other legal or financial issues. For example, if you or your spouse owns a business, if there are rental properties, or if you are involved in a separate civil dispute, those pieces cannot be separated from your divorce strategy. Because our practice covers a broad spectrum of civil disputes as well as family matters, we are used to looking at cases from multiple angles. That helps us anticipate how a proposed property division might affect a business, a lawsuit, or your long-term financial stability.
Communication throughout a contested case is critical. As hearings are set, discovery requests arrive, and settlement opportunities appear, you will have questions and decisions to make. We maintain open lines of communication, so you know what is happening, what it means, and what your options are. Our dedication to ongoing education about changing laws and procedures also supports you in longer cases, because we stay alert to legal shifts that might affect strategy.
Whether your case ultimately settles in mediation or goes to a contested hearing, our goal is for you to feel informed and supported at each step. Instead of facing the Pasadena court system alone, you gain a team that understands both the legal framework and the human realities behind contested divorce.
Talk With a Pasadena Divorce Lawyer About Contesting Your Case
Contesting a divorce in Pasadena is not about fighting for the sake of fighting. It is about using the California legal system thoughtfully to protect your children, your financial future, and your ability to move forward with stability. Early decisions about how to respond, which issues to prioritize, and how to present your story often have more impact than any single courtroom moment.
This guide cannot address every twist a contested case might take, but it can give you a clearer sense of what to expect and where to focus. If you have been served with divorce papers in Pasadena or elsewhere in Los Angeles County and you are unsure how to respond, we can review your documents, talk through your goals, and help you build a plan tailored to your situation.
Contact Marilyn Smith Law APC at (626) 317-6068 to start that conversation.