When you and your spouse cannot agree on the terms of your divorce, you will have to go through the contested divorce process. This is a more complicated and time-consuming process than an uncontested divorce, but reaching a resolution without going to court is still possible. At The Nesmith Firm, our Charlotte contested divorce attorneys are committed to helping our clients achieve the best possible outcomes in their cases.
Call The Nesmith Firm today at (704) 741-7363 or contact us online to schedule a consultation with our contested divorce attorney in Charlotte.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot achieve an agreement on key issues such as the division of assets, spousal support, child custody, and child support. Unlike uncontested divorces, where both parties agree on the terms, contested divorces involve disputes that often require legal intervention. These disputes can arise from various factors, including differences in financial goals, parenting styles, or simply the emotional aftermath of the separation.
In contested divorces, the court becomes actively involved in resolving the disagreements between the spouses. This process typically involves hearings, negotiations, and, in some cases, a trial. It is crucial to have a skilled and knowledgeable attorney by your side to navigate the legal intricacies of contested divorce proceedings and protect your rights and interests.
What are the Requirements for a Contested Divorce in North Carolina?
Certain requirements must be met in North Carolina before filing for a contested divorce. Understanding these requirements is essential to initiate the legal process effectively.
- Separation Period: North Carolina law requires spouses to live separately for a continuous period of one year before filing for divorce. This separation period is a crucial aspect of contested divorces and serves as the foundation for initiating legal proceedings. During this time, it is essential to establish and document the separation, outlining living arrangements and financial independence.
- Grounds for Divorce: While North Carolina is a "no-fault" divorce state, meaning that neither party is required to prove fault for the marriage's dissolution, there are still specific grounds for divorce. In contested divorces, common grounds include the separation period, incompatibility, or incurable insanity.
- Filing the Complaint: The contested divorce process begins with one party filing a complaint with the court. This document outlines the reasons for the divorce, the desired outcome regarding issues like property division and alimony, and any other relevant details. The filing spouse is referred to as the "plaintiff," while the other party becomes the "defendant." The defendant must then respond to the complaint, either agreeing or contesting the issues raised.
- Discovery and Negotiation: Once the initial documents are filed, the discovery phase begins. This involves gathering information and evidence related to the contested issues, such as financial records, property valuations, and parenting evaluations. Subsequently, negotiations between the parties and their attorneys take place to reach a resolution. The goal is to find common ground and settle the disputes without the need for a trial.
- Mediation and Court Proceedings: If negotiations fail, the next step may involve mediation, where a neutral third party assists the spouses in reaching an agreement. If mediation proves unsuccessful, the case proceeds to court. During the court proceedings, each party presents their case, and the judge makes decisions on the contested issues.
