People frequently ask what the difference is between a contested and an uncontested divorce. North Carolina law allows courts to grant a divorce after a married couple has been separated for a year and a day. You don’t have to prove that the other spouse caused the marriage to fail to obtain a divorce. A contested divorce typically refers to disputes about other divorce-related issues that must be resolved, such as the division of marital property, alimony, and child custody.
At Charles R. Ullman & Associates, our legal team has handled divorce cases and family law matters for more than 25 years. A North Carolina State Bar-certified Family Law Specialist leads our Raleigh divorce law firm. A consultation with an experienced divorce lawyer in Raleigh can help you understand what to expect. We can guide you through every stage of the divorce process and help you make well-informed decisions during a difficult time. Please reach out to us today to arrange an initial consultation with an experienced family law attorney.
What Is an Uncontested Divorce in North Carolina?
In an uncontested divorce, both spouses must agree they have been separated for at least a year and a day. The required one-year separation is a unique aspect of the NC divorce process.
The divorcing couple also must agree on the terms of the divorce. That includes the equitable distribution of marital property, the amount of spousal support, and, if the couple has children together, custody and child support. The couple doesn’t have to agree on all those issues before filing, but they do need to resolve everything before the court enters a final order for the divorce to proceed uncontested.
As long as both parties meet all the legal requirements, such as living apart for at least one year, an uncontested divorce will usually be faster.
What Is a Contested Divorce in North Carolina?
A contested situation happens when the spouses disagree on one or more important family law issues. That might include whether one party will pay alimony or how to divide marital property. Sometimes the main disagreement is that one spouse doesn’t want the divorce. Other times, both want to divorce but can’t agree on the terms.
Contentious divorces generally take longer, are more emotionally taxing, and cost more because of the extra time involved. A family law judge may need to hold hearings, order mediation, or hold a trial. If you’re facing a divorce with issues in dispute, you’ll want a lawyer who can fight for your best interests and help you prepare for every step of the process.
Key Differences: Contested vs. Uncontested Divorce
The difference between a contested vs. uncontested divorce affects more than just how you and your spouse feel about the divorce. It changes how the legal process unfolds and the timeline. Here are some of the key differences:
- Court Involvement: Uncontested divorces usually proceed quickly with little court involvement. In contested cases, one or more mediation sessions and court hearings may be necessary.
- Timeline: When both spouses agree, the court can finalize the divorce in as little as a few weeks after the spouses live separately and apart for a year. If they disagree, the case can drag on for months or even longer.
- Cost: Uncontested divorces tend to cost less because there’s no need for trial preparation.
- Emotional Strain: Some disagreements center on the law, but many come from broken trust or ongoing resentment.
- Control: In an amicable divorce, the spouses retain more control over the outcome because they can agree on the terms themselves. In a case with disputed matters, the judge decides any issues that the divorcing spouses cannot resolve. That often leaves one or both sides unhappy with the result.
How Do I Know Which Divorce Process Is Best for My Situation?
The appropriate divorce process depends on the extent to which you and your spouse will be able to agree on the issues at hand. If both parties want to end the marriage and are ready to work out the details respectfully, an uncontested divorce might be an option. But if there’s conflict or significant disagreements over property or parenting, you will need legal help.
The best way to clarify the appropriate path to take is to have an experienced divorce lawyer in Raleigh discuss your options. A skilled family law attorney can review your circumstances and help you choose the right path forward. Even if you think your case will be simple, a knowledgeable lawyer can identify any potential problems and keep things on track. If you’re unsure how to move forward, seek legal guidance before the process gets harder than it needs to be.
How a Raleigh Divorce Attorney Can Help
An experienced attorney who understands the NC divorce process can take on tasks that save you time, reduce stress, and keep the process moving. They can step in and help you by:
- Determining what type of divorce is appropriate
- Gathering financial documents necessary to determine a fair division of marital assets
- Filing the appropriate forms with the family law court
- Responding to motions filed by your spouse’s lawyer
- Negotiating for fair terms in property division, custody, and more
- Preparing you for court appearances
- Questioning your spouse under oath if the case involves depositions
- Objecting to improper requests during discovery
- Reviewing any proposed agreements before you sign them
Contact a Raleigh Divorce Lawyer for Guidance
At Charles R. Ullman & Associates, we know that clear answers and steady support matter during divorce. That’s what we aim to provide to every client we serve. One of our former clients shared this about their experience with us:
“Charles and the team were patient and clear, extremely professional, and particularly kind.”
If you’re facing the breakup of a marriage in Wake County, our firm is here to help you take the appropriate steps. The team at Charles R. Ullman & Associates has more than 25 years of experience and is led by a North Carolina State Bar-certified Family Law Specialist. Call us today at (919) 829-1006 to arrange an initial consultation session and get the trusted guidance you need.
