When you say “I do,” you don’t expect the marriage to end in divorce. Unfortunately, many unions do not last forever. When you have made the difficult decision to end your marriage, it is time to begin the divorce process. The most important requirement to get a divorce in North Carolina is to live separately for a year. Many people wonder what the difference is between a contested and uncontested divorce.
Uncontested Divorce
Most often, both parties are able to come to an agreement regarding divorce as well as the settlement terms. This is called an uncontested divorce. Both parties agree to the major terms of the divorce, such as division of property, child custody, child support, and alimony. When couples agree, it can make the divorce process faster, easier, and less stressful for both parties. An uncontested divorce can also be less expensive since couples do not have to spend time and resources trying to iron out differences.
To qualify for an uncontested divorce, you must meet certain requirements. Parties must live separately for a period of one year before the divorce with the intent to end the marriage. They cannot share a residence during this time. At least one party must be a resident of North Carolina for at least six months. Parties will submit their settlement agreement to the court for approval. If the judge accepts the terms that both parties have agreed to, they will finalize the divorce.
What is a Contested Divorce?
A contested divorce is one in which parties cannot agree on the main issues. Sometimes, couples who are in agreement about divorce may not be able to come to an agreement about some of the many divorce matters. A contested divorce can be more complicated than an uncontested divorce and can, therefore, take longer to complete. Sometimes, couples need extra help, such as a mediator, to assist them in resolving conflicts.
Why Contest a Divorce?
Generally, North Carolina requires couples to divide marital property equally. Both parents are able to spend time with their children. However, there may be some reasons why it is necessary to contest a divorce. For example, in cases where a spouse has concealed finances, it may be best to take time to gather information in order to ensure equitable financial distribution. In some instances, a parent may not agree with a parenting plan or child custody. Although marital misconduct isn’t a consideration in most settlement matters, there are some circumstances where it does come into play. An experienced divorce attorney will often be able to assist you in working through these disagreements.
When couples cannot come to an agreement, even after taking steps to resolve the issues, the judge will need to make the final decision. The judge will review the details of the case and make decisions that provide for an equitable settlement based on the facts. When it comes to decisions regarding children, the court will always strive to do what is in the child’s best interest.
Divorce can be complex, especially when couples do not agree about the basics. To discuss your divorce needs, call us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes two 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_50-16.1a.html
https://www.law.cornell.edu/wex/uncontested_divorce
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