In some divorce cases, both spouses agree on all issues and finalize the divorce quickly. However, in many cases, a divorcing couple cannot reach an agreement on important matters, requiring the intervention of the court. A contested divorce occurs when spouses disagree on any matters within the divorce. They need the court to decide on the matter for them. A contested divorce attorney is experienced in managing the many elements of a North Carolina divorce case while representing your interests and seeking settlement terms that are fair and appropriate for both parties.
You may feel that your perspectives and preferred divorce terms are reasonable, while your spouse seems to be drawing the conflict out with outrageous demands. Alternatively, it may seem your spouse is failing to acknowledge the concerns you are putting forth. It may be that despite mutual efforts, you are simply unable to agree.
If you are going through a contested divorce, you may be feeling stressed, overwhelmed, or angry. Working with a qualified divorce attorney can take some of the stress off your shoulders while ensuring you avoid missteps that threaten to complicate your life after your divorce.
Even if you and your spouse agree on all but one issue, a judge will need to be involved, and your divorce will be considered contested. Essentially, a divorce that does not qualify for the more efficient process of uncontested divorce will be a contested divorce.
Couples often disagree on a wide range of issues, such as the following:
We can help you from the beginning to streamline the contested divorce process and work with the other party towards greater agreement. Contact our contested divorce legal team at Speaks Law Firm, PC, Family Law Division to schedule a case review.
Different states use different procedures to divide assets in divorce cases. North Carolina uses an equitable distribution policy in which a judge seeks to divide the marital property fairly and equitably between both spouses. Due to the nature of some indivisible property items and other factors considered, this does not mean the division will necessarily be equal or balanced; the goal is to make the property division fair and just.
Marital fault and other types of misconduct in the marriage typically do not affect the equitable distribution of shared assets. Additionally, the spouse who filed the divorce does not have any priority over the other spouse in the division of assets.
Still, a judge will consider several factors to determine how to divide assets fairly. These may include:
Working with a contested divorce attorney can help you more reliably pursue a fair outcome in this process. Your attorney can advocate for you to the judge and present evidence in your favor.
If you and your spouse have a shared child, you can attempt to create a custody arrangement on your own. However, if you cannot agree on custody, a judge will intervene to determine an appropriate arrangement for the welfare of your child.
The judge will consider many factors when creating a custody arrangement, such as:
While examining these factors, the judge will attempt to create an arrangement that promotes the child’s interests. If you are seeking majority custody in a divorce case, you will need an experienced contested divorce lawyer on your side.
The amount of time a contested divorce in North Carolina will take will vary, depending on several factors. A major factor that will affect the duration of the divorce process in North Carolina is your ability to agree to terms.
After one of the spouses files for divorce, the other spouse has 30 days to respond by either filing an Answer or requesting an extension. After the 30 days have passed, a hearing date can be set with the county, and the time will be based on availability. The divorce will be final when the judge signs the judgment.
Before you can begin an “absolute divorce,” as North Carolina calls the legal dissolution of marriage, you and your spouse must first live apart for one year before proceeding with the divorce. Understand that you or your spouse also must have lived in North Carolina for at least six months before you can file for divorce.
Depending on how many of the requirements you have already fulfilled when you begin the process your divorce could take a couple of months or over a year and a half. However, working with an experienced divorce lawyer from the start can help you streamline this process.
Contested divorces can be messy, stressful, and overwhelming. Even if you and your spouse were on good terms during the marriage, disagreeing on major issues can bring out your worst sides.
However, a contested divorce attorney can take some of the stress out of your divorce process. Your attorney can:
If you’re looking for professional contested divorce lawyers to assist your divorce, Speaks Law Firm, PC, Family Law Division can help. Contact us today in Wilmington, NC to schedule your case review.
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