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.
Can an Uncontested Divorce Become Contested in North Carolina?
If you and your spouse previously agreed on important matters but your views have diverged during the divorce process, an uncontested divorce case can quickly become contested. Similarly, if either of you changes your mind about a proposed settlement before it’s finalized, this can lead to a contested divorce in North Carolina.
When comparing a contested vs. uncontested divorce in Raleigh, the key distinction is ultimately whether the spouses can resolve matters themselves or need the court to decide them.
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.
Can Mediation Help Resolve a Contested Divorce in Raleigh?
If you and your spouse don’t want to leave key decisions to the court, mediation can be an effective approach to resolving all types of divorce-related disputes while also saving you time, money, and stress.
During the mediation process, a neutral third party can help you review disputed matters and work toward a mutually acceptable resolution. But keep in mind that the mediator is truly neutral – they don’t represent you or your spouse, and they can’t provide legal advice. You still need your own Raleigh contested divorce lawyer to help you understand any proposed resolution and protect your rights and interests.
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.
What Rights Should You Protect Before an Absolute Divorce?
In North Carolina, you must address any concerns regarding property division or spousal support before your absolute divorce becomes final.
Property Division
Under N.C.G.S. § 50-11, a spouse who wants the court to divide marital property must assert a claim for equitable distribution prior to the final divorce decree. If neither spouse does so, both spouses permanently lose the ability to ask the court to divide their property, with some exceptions.
This means assets titled solely in one spouse’s name may stay with that spouse, while jointly owned property remains that way after divorce. It similarly affects spouses’ responsibility for debts.
Spousal Support
North Carolina also typically requires spouses to file for alimony under N.C.G.S. § 50-16.3A before the court enters the divorce judgment. Otherwise, neither spouse can ever request spousal support.
What Documents Should You Gather If Your Divorce Becomes Contested?
Organized records can help your attorney evaluate any financial or family-related disputes that may make your divorce contested. Gather these materials early on:
- Recent tax returns and pay stubs
- Bank and investment account statements
- Retirement account records
- Mortgage and property documents
- Credit card and loan statements
- Business ownership records
- Existing separation or custody agreements
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
Why Choose Charles R. Ullman & Associates?
When you need an attorney to support you during your uncontested or contested divorce in North Carolina, turn to Charles R. Ullman & Associates. As a North Carolina native with over 25 years of experience focusing exclusively on family law matters, Attorney Charles R. Ullman:
- Is well-respected by Wake County’s lawyers and judges
- Has extensive firsthand knowledge of Wake County Family Court procedures
- Is a trained collaborative law attorney and a practicing family law arbitrator
- Is a member of the Wake County Bar Association, North Carolina Bar Association, and Christian Legal Society
- Understands the sensitivity of ethical and religious concerns when it comes to divorces
- Focuses on fairness and understanding with compassion and consideration for his clients
- Takes time to listen to each client’s values and goals and develop tailored solutions
- Prioritizes good communication at every stage of the divorce process
Mr. Ullman is also a North Carolina State Bar-Certified Family Law Specialist. He was one of fewer than 300 family lawyers to receive this distinction at the time he earned certification. Lawyers who are certified by the State Bar as specialists in designated practice areas, such as Mr. Ullman, are recognized for the depth and commitment of their service to the public.
Along with his skilled legal team, Mr. Ullman is ready to provide the experienced and knowledgeable guidance you need through this overwhelming process. Reach out today to find out how we can help.
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.
