Divorce in North Carolina can be complex, especially when the parties disagree over the issues with dissolving the marriage. If you’re in a position where conflict might arise, you should know how to contest a divorce. The North Carolina laws on divorce and alimony define a process in these cases, and you must take action or respond according to the rules.
Because of the numerous details to contest a divorce, it’s crucial to have legal counsel to advocate on your behalf. A Raleigh contested divorce attorney can help you tackle the complexities of the case and develop a strategy that aims for a favorable outcome. You can also benefit from reviewing some background about the relevant laws.
Basics of Contested Divorce in North Carolina
A contested divorce occurs when the parties cannot agree on one or more matters related to the case. Initially, spouses may be in dispute if one party is pleading grounds for divorce, such as abandonment, adultery, or other conduct. However, a no-fault, absolute divorce in North Carolina is also an option if the parties separate for at least one year.
Beyond the grounds for divorce, the main sources of dispute relate to finances and children. In uncontested divorce proceedings, the parties reach a mutual agreement on these issues. However, the court must step in to resolve the issues in a contested divorce. The judge will scrutinize the facts of the case, apply the laws and legal principles, and then decide the contested issues.
Reasons to Contest a Divorce Case in Raleigh, North Carolina
Because the parties’ lives intertwine over the course of the marriage, multiple issues arise in a divorce case. In a contested divorce, you might encounter disputes regarding:
Property Division
North Carolina follows equitable distribution rules, meaning a fair division of marital property. The law doesn’t necessarily mean an equal split, however. Disagreements can arise over:
- Marital property versus separate property
- Treatment of future income and retirement
- What constitutes equitable division of assets
Alimony
Spousal support is another significant issue that often leads to contested divorces in Raleigh. The amount, duration, and type of alimony payments can be a point of contention. Regardless of whether you’re seeking alimony or might need to pay it, making a strong case requires solid evidence.
Issues Involving Minor Children
Parents have rights and responsibilities regardless of the state of their marriage. Child custody and visitation are perhaps the most emotionally charged issues in a contested divorce. In North Carolina, the court’s primary concern is the best interest of the child. Each parent might believe they have their child’s welfare in mind, but they disagree over the details.
Child support is another possible area of contention, but there are statutory guidelines for calculating it. Still, disputes could arise if one parent seeks a deviation from the child support guidelines.
FAQs About Contested Divorce in Raleigh, North Carolina
Some answers to common questions about how to contest divorce are also helpful if you’re involved in a disputed case.
How Do I Officially Contest a North Carolina Divorce?
If you disagree with the statements in the divorce petition, your first step should be filing a formal response along with objections. Your response should contain solid evidence, along with your arguments and legal support for your position.
How Much Does It Cost to Contest a Divorce?
The cost to contest a divorce in North Carolina varies depending on the facts of the case and the length of the legal proceedings. Legal fees, court costs, and expenses related to gathering evidence or expert testimony can add up.
How Long Does It Take to Get a Contested Divorce?
The timeline can vary significantly because of court hearings and related procedures. A contested divorce could take a year or more if there are convoluted disputes.
Do I Need an Attorney for Contested Divorce in North Carolina?
It is highly advisable to retain legal counsel, as the complexities could put your rights and future at risk. Your lawyer will prioritize your needs and aim for a favorable result if going to court is necessary.
Get Legal Help Contesting Divorce in North Carolina
This comprehensive overview of contested divorces is useful, enabling you to prepare yourself for the challenges ahead. It should also convince you that working with a skilled divorce attorney is a top priority. The experienced attorneys at Marshall & Taylor PLLC are committed to protecting your rights and working towards a resolution that promotes your interests. Please call (919) 833-1040 or contact us online to set up a consultation at our offices in Raleigh, North Carolina.