Charlotte Divorce Lawyer Blog
Dealing With a Contested Divorce in North Carolina
Divorce can be stressful, even in the best of circumstances. When divorce is contested, it can become arduous. The courts expect parties to work through difficult settlement terms to come to an agreement. This is not always easy and, at times, can be contentious. When parties disagree about the settlement terms of divorce, it is considered a contested divorce. An experienced North Carolina divorce attorney will assist you in making the process easier.
What is a Contested Divorce?
In an uncontested divorce, both parties agree on the basic settlement issues such as property division, child custody, support, and alimony. A contested divorce is one in which parties disagree about some or all of these matters. A contested divorce can be much more challenging and lengthier than a divorce where both parties are in agreement. When couples don’t agree, the process becomes more complex, which can take a toll emotionally and financially.
Division of Marital Property
North Carolina law states that marital property is to be distributed in an equitable and equal manner between both spouses. Even though assets and debts are to be divided equally, spouses often clash about finances in divorce. You will need to determine which assets are marital property and which are separate property.
- Marital property
- Separate property
- Divisible property
Marital property includes anything that you and your spouse obtained after you got married. Separate property is anything you owned before you got married. It also includes gifts or inheritances you alone received during the marriage. Divisible property addresses changes in assets during the separation period.
.
Child Custody
Issues regarding child custody are often highly emotionally charged. Each parent may feel that they are the best for their children. However, unless there are extenuating circumstances, both parents share parenting responsibilities for their children. Often, a child will reside primarily with one parent and have regular time with the other parent. Parents must learn to work together to provide a stable and healthy environment for their kids. Decisions should be made in the best interests of the children. You can consider the wishes of older children when making your decisions.
How Do We Resolve Disputes?
Divorce disputes can be challenging to resolve because parties may have difficulty communicating and because they may be stubborn. There are a few things that can help make resolution easier. Begin by creating a list of marital and separate assets. If you can agree on those, you will have an easier time with distribution.
Upon separation, you should make a list of marital assets and debts, backing up the information with documentation from banks, creditors, and other sources. Determine the current value of property and assets at the time of separation. Review a parenting plan that will ensure that both parents will be able to spend time with their kids.
Begin to discuss settlement issues right away so you have time to resolve disputes. Your attorney can help defuse minor issues quickly. Sometimes, a mediator is needed to assist in resolving major disagreements. The sooner you identify and address issues of dispute, the easier they will be to resolve in a way that is agreeable to both parties.
If you are going through a divorce, we are here to help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced legal team.
The family law practice group at Arnold & Smith, PLLC includes multiple Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law.
The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-20.html
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
What is a Contested Divorce?