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Jeff Marshall is a board certified specialist in Family Law
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Raleigh Contested Divorce Lawyers

Contested divorce is a rarer form of divorce, making up only about 10% of total divorces in the United States. However, for those people in Raleigh who file for a contested divorce, our lawyers at Marshall & Taylor PLLC, know how difficult and frustrating it can be. Having to deal with disagreements regarding issues such as alimony and child custody can take a toll, emotionally and financially.

contested divorceFortunately, though, you can get the legal help you deserve to ensure that your interests and rights are protected. Decisions dealing with family will impact you for the rest of your life. Make sure that you have the best representation possible to advocate for your needs and the needs of your loved ones. When it comes to something as important as family, don’t leave it up to chance.

The experience Raleigh divorce attorneys at Marshall & Taylor PLLC understand that filing for divorce is never simple. Over the years we have put our legal skill to work for countless families to make sure that the process goes as smoothly as possible. If you are looking for a reliable legal team that you can trust with sensitive matters, we are the team to call. Contact the Raleigh contested divorce lawyers at Marshall & Taylor PLLC and let us fight for you and your interests. Call (919) 833-1040.

Why Do I Need a Lawyer?

It is complicated and emotionally taxing to be in a family dispute. It is often difficult to express your needs and desires, because it is such a stressful situation. You may be clouded by emotions, and it can cause you to have irrational reactions that can negatively impact the outcome of your case.

In addition to the emotional burden of going through a divorce, a contested divorce requires both parties to either come to an eventual agreement or dispute the terms of the divorce in court. If you do not have an attorney, disputing various factors like child custody, asset division, and spousal support with a clear head can quickly become overwhelming.

Experienced and skilled lawyers have knowledge about the law, and they know what strategies will work in handling complicated contested divorce cases. They know all that is required for you to prove a need for alimony, the ability to parent, and other contested issues mentioned below. They have an objective view of the facts and can present them effectively to the court to get you what you want.

When dealing with legal family matters, issues can quickly become complicated. Hiring a lawyer to manage your divorce will ensure that all possible factors are accounted for throughout the process. Additionally, because both parties in a contested divorce are likely operating at a heightened level of emotion, the trusted and measured guidance of an experienced family lawyer can be an invaluable asset.

Why Choose Us?

The lawyers at Marshall & Taylor PLLC have dedicated our careers to helping clients going through difficult divorces get everything they need. We have built a reputation for efficiency and efficacy among our clients. We are trusted and renowned professionals in the family law field, and we have helped clients all over North Carolina with cases involving multiple contested divorce issues. We have developed effective strategies to get clients the result they want.

Attorney Jeffrey Marshall is a North Carolina Board Certified Family Law Specialist. This is a distinction that few attorneys achieve and denotes a high level of commitment to his chosen area of law. If you are looking for a family lawyer, a certified specialist in the field has the hours of practice in and out of the courtroom that you are going to want on your side. Attorney Travis Taylor is also focused on legal family issues. In addition to working with appeals, Attorney Taylor practices law in federal district and state courts in North Carolina.

Be one of our countless success stories by contacting us today. We will make the process less stressful, less time consuming, and more bearable. We understand that this is a difficult situation, and we are here to advocate for you.

Issues that May Result in a Contested Divorce

There might be any number of reasons for filing a divorce, but filing a contested divorce generally means that you and your spouse cannot agree on settlement terms at all. Typically, contested divorces involve serious disagreements on issues like:

  • Child support: Disputing child support often means that one or both parents don’t want to pay child support to the other. This depends on who has primary custody of the child. It also has to do with the parent’s salary and other financial information.
  • Visitation / Custody: When there is a custody dispute in a divorce, the parents of the child/children cannot agree on who will have primary custody. This is especially difficult when parents live far away. But even in cases where the parents are living in the same city, proving who is best equipped to have primary custody of the child is important because it can impact the rest of the relationship with your child and how they will be raised.
  • Alimony: Alimony is a court-ordered payment for one spouse to pay the other a certain amount of money after divorce. Often one party does not want to pay the other alimony. Figuring out terms of alimony, or if any at all should be granted, also makes the process more lengthy and more complicated since the attorneys will also have to provide financial records to prove that alimony is necessary.
  • Division of Property / Assets: When you have built a life with someone, you often share all of your belongings with them, and it may be hard to split things evenly. Dividing property or assets between former spouses can be tricky and can lead to more arguments amongst the parties involved.
  • Division of Debts: Along with dividing assets and property, debt must also be divided between the two former spouses. This can add a layer of difficulty when one spouse is unemployed and unable to pay off debt, or if one spouse makes more money than the other. Couples often end up fighting over whose debt it actually is.
  • Domestic Violence: Issues of domestic violence can affect custody issues during contested divorce. If there has been domestic violence, it is common for the judge to grant primary custody to the parent that has not been violent. It also affects visitation. Sometimes, the judge may deem the domestic abuser unfit to even get visitation with their child because they may be dangerous.

Because a contested divorce typically involves disagreements regarding the above topics, the process can sometimes take longer and cost more than an uncontested divorce. When a compromise cannot be reached, it is up to a judge to choose what is fair. Often, this is the only way that the parties will be able to resolve these issues. It is for this reason that many people who file a contested divorce choose to enlist a legal representative’s help, as they can both make sure your interests are represented and often help the process move more quickly.

Frequently Asked Questions

Whether you’re currently in the process of filing for divorce in North Carolina or you’re considering it, you need to know your options. Our family lawyers know that when you reach out to us, you have questions, not only about how a lawyer can help, but how the legal process will unfold. Read over our frequently asked questions and reach out to a member of our team at (919) 833-1040 today for answers to any specific questions you may have about your case.

When Can I File for Divorce in North Carolina?

filing for divorce in north carolinaTypically, North Carolina couples can file for divorce after being separated for one year and one day. Additionally, during the time of separation, at least one spouse must have intended for the separation to be indefinite. North Carolina is somewhat unique in that it only allows no-fault divorces. No-fault divorces indicate that neither party holds the other responsible for the failure of the relationship. Separation is the first and most common means through which North Carolina couples file for divorce. The only other no-fault grounds for divorce is incurable insanity.

What is Required to File Based on Incurable Insanity?

Requirements for spouses filing for incurable insanity include living apart for at least three years due to the other spouse’s mental condition. The spouse deemed insane must have been institutionalized at least one time during the separation or have been confirmed “insane” by a judge three years prior to filing for a divorce.

What is a Separation Agreement?

A separation agreement is a private document that spouses that plan to end their marriage draft. Many separation agreements detail various terms of separation and divide assets and responsibilities. The factors discussed in a separation agreement can include financial matters, property division, child custody, and living situations. A separation agreement is a tangible document which can later be referred to.

Are Separation Agreements Required?

No, separation agreements are not required in order to later file for divorce. However, since the majority of divorces are only allowed to take place after a year and a day of living separately, the presence of an explicit agreement proving separation can expedite the process. Attorneys are often incredibly helpful resources in drafting a thorough, effective separation agreement.

What are the Benefits of a Separation Agreement?

In many instances, the presence of a separation agreement can make the divorce process easier down the road. A clear and thorough separation agreement often forces couples to contend with important issues like child support and alimony. The ability to draft a separation agreement bodes well for a couple’s ability to engage in tough logistical conversations. When couples are able to reach agreements, the divorce process is likely to be much smoother.

Talk with an Attorney in Raleigh about Contested Divorce

Filing for divorce is not easy. Compromising with an ex-spouse is even harder when each party wants something completely different or opposite than the other. Sometimes a contested divorce is the only way that you and your spouse will be able to finalize the settlement terms. Our attorneys from Marshall & Taylor PLLC can help you fight for your rights and interests when going through a contested divorce. Call us at (919) 833-1040 today to discuss your situation and get the help of a lawyer you can trust.

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