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Contested v. Uncontested Divorce

Upset couple sitting on couch

Just as no two weddings or marriages are the same, no two divorces are quite the same as well. When the decision has been made to get a divorce, there are different types of divorces that couples can choose. In general, a divorce in North Carolina will either be contested or uncontested. A seasoned Charlotte attorney from Blood Law can assist you through the often difficult and emotional process of a divorce, no matter what type of divorce you are going through. 

What Is An Uncontested Divorce?

Uncontested divorces are inherently simpler and quicker than contested divorces. In an uncontested divorce, the couple agrees on the terms of the divorce when it comes to the major issues of:

  1. Child support
  2. Parenting time, custody, and visitation
  3. Alimony
  4. The division of assets and debts

Since the couple agrees on how to handle these issues, there is no need to have court hearings, negotiations, or other court procedures in the divorce process. However, it is still essential that each spouse has their own Charlotte attorney to ensure that their interests are protected. 

Working Out Contested Divorces 

A contested divorce is quite the opposite of an uncontested divorce. In this type of divorce, the spouses cannot agree on one or more of the major issues in the divorce. As such, each spouse has their own attorney and will be required to be at hearings, settlement negotiations, and a trial if there happens to be one. Divorces involving high-net-worth, several assets or liabilities, and other complicated issues are more likely to be contested divorces. Contested divorces naturally take longer and are more expensive.

It is extremely important that you hire a Charlotte lawyer if you are facing an uncontested divorce. There is a lot at stake, and you want someone on your side to inform you of your rights and stand up for them as well as help you negotiate terms that are fair. 

Requirements For A Divorce In North Carolina

Under the law, couples who want to get a divorce in North Carolina might be able to prove that one spouse has incurable insanity causing them to live apart for three years. An easier and, therefore, more common ground for divorce is separation for one year. The couple must have lived in separate residences for one year before filing. Unlike some other states, North Carolina will not grant a divorce if the couple has simply lived in separate areas of the same house or slept in different rooms.  One spouse must reside in the state for six months immediately prior to filing for divorce. 

Hire A Seasoned Charlotte Divorce Law Firm

Whether you are going through a contested or an uncontested divorce, our attorneys are here to help. They can explain the complex issues and your legal rights to help you make the best decisions for you and your family moving forward. For your no-obligation case evaluation from an experienced Charlotte lawyer, call Blood Law today at (704) 286-0570 or use our convenient online contact form