Charlotte Divorce Lawyer Blog
What is a Contested Divorce?
The decision to end your marriage can be one of the most difficult things in your life. When you feel that your marriage is no longer viable and you can’t continue the relationship, it may be time to move on. Once you decide to divorce, you and your spouse need to resolve matters pertaining to the settlement. This includes dividing property and handling issues of child custody and more. There are times when couples do not agree on the settlement terms, which can create contention.
Contested vs. Uncontested Divorce
North Carolina allows for no-fault divorce. A no-fault divorce is one in which neither party places blame on the other for the end of the marriage. Even in a no-fault divorce, couples may disagree as to the settlement terms. An uncontested divorce is one in which both parties agree on the main points of a settlement. By contrast, a contested divorce is one in which the parties disagree on the major areas of a settlement. A contested divorce generally requires the court to assist in the distribution of assets or to resolve other issues that the couple cannot agree on together. A contested divorce may also mean that one party does not agree to a divorce at all.
Common Disagreements in a Contested Divorce
There are some areas that are commonly disputed between divorcing couples. Couples may disagree as to which of their assets qualify as marital assets. This is particularly common with pension plans, IRAs, and houses or other assets purchased prior to marriage. Couples may disagree with the distribution of assets. It is important to note that North Carolina requires the equal or equitable distribution of marital assets. Spouses may disagree about custody, living arrangements, or parenting time with their children. Another area of contention may be alimony, also called spousal support.
What is the Process for a Contested Divorce?
Courts generally require parties to work together as much as possible to resolve their differences. One option is to participate in mediation. A mediator is a professional third party who facilitates resolutions between parties. A contested divorce may require additional court hearings and will take longer than a standard uncontested divorce. A contested divorce requires considerable time and energy and could take months or years to resolve. This means your divorce will likely be more costly as well.
Resolving Divorce Disputes
North Carolina requires a one-year separation period prior to divorce. Couples should use this time period to work towards resolving any disagreements they may have. It is essential to try to work together to discover and work through any disputes you have. Your attorney will be instrumental in assisting with minor disputes as they arise. If you find that you aren’t going to be able to easily come to an agreement, you may consider utilizing resources such as mediation to assist with the process. Once you arrive at an agreement on particular issues, put them in writing so you can move forward.
To learn more about resolving disputes in a contested divorce, contact our family law attorneys at Arnold & Smith, PLLC, at (704) 370-2828 today.
The family law practice group at Arnold & Smith, PLLC includes four 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.law.cornell.edu/wex/alimony
https://www.law.cornell.edu/wex/no-fault_divorce
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