When you and your spouse cannot reach an agreement on critical issues in your divorce, you face a contested divorce. At Marshall & Taylor PLLC, our contested divorce attorneys in Wilmington guide clients through the litigation process. We provide strategic representation and protect your rights and interests. We understand that contested divorces involve complex legal issues, emotional stress, and significant financial implications. To support you through this, our team prepares thoroughly for negotiation and trial to help you achieve a fair resolution.
What Is a Contested Divorce?
A contested divorce occurs when spouses disagree on one or more significant issues. They cannot resolve these issues through negotiation or mediation. Unlike uncontested divorces, where both parties agree on all terms, contested divorces require court intervention. The court examines evidence, hears arguments from both sides, and makes determinations on contested matters.
In North Carolina, contested divorces typically involve disagreements over property division, child custody, child support, spousal support, or debt allocation. When parties cannot reach a consensus, the case proceeds through discovery, negotiation attempts, and potentially trial. The contested divorce process demands thorough legal representation to protect your interests and present your position effectively to the court.
Common Disagreements in Contested Divorce Cases
Contested divorces arise when spouses cannot agree on fundamental issues. Understanding common areas of disagreement helps you prepare for the process ahead.
Property and Asset Division represents one of the most frequent sources of dispute. Spouses often disagree about the value of marital assets. They may dispute which assets constitute marital property versus separate property. They also disagree about how to divide assets fairly. High-asset divorces frequently involve disputes over business interests, investment accounts, real estate, and retirement benefits. Our property division attorneys help clients navigate these complex valuations.
Child Custody and Visitation create significant conflict in many contested divorces. Parents may disagree about primary custody arrangements, visitation schedules, decision-making authority, or relocation. Custody disputes require courts to examine the best interests of the child. Courts consider factors including each parent’s relationship with the child, stability, and the child’s preferences. Our child custody attorneys advocate for your parental rights.
Child Support calculations sometimes become contested when parents dispute income figures. They may disagree about the appropriate support amount or special expenses. North Carolina uses specific guidelines to calculate child support. However, disputes arise regarding income determination and deviation from guidelines. Our child support attorneys ensure accurate calculations.
Spousal Support or Alimony creates disagreement when one spouse seeks support. The other spouse may contest the request or dispute the appropriate amount and duration. Courts examine factors including the length of marriage, each spouse’s earning capacity, and the standard of living during marriage. Our alimony attorneys protect your financial interests.
Debt Allocation generates conflict when spouses disagree about responsibility for marital debts. Determining which party bears responsibility for credit card debt, mortgages, or other obligations requires careful analysis. Courts examine how the debt was incurred and used.
The Contested Divorce Process in North Carolina
Understanding the contested divorce process helps you prepare for what lies ahead. The process typically unfolds through several stages. Each stage requires strategic attention and thorough preparation.
The process begins with filing a complaint for divorce in the appropriate North Carolina court. Your attorney prepares the initial pleading. This outlines your claims and requests. The other party receives notice and has an opportunity to respond with their own claims and defenses. Our divorce paperwork services ensure proper filing.
Discovery follows, allowing both parties to exchange information and documents. These documents relate to contested issues. Discovery includes written interrogatories, requests for production of documents, and depositions. During depositions, parties and witnesses provide sworn testimony. This phase reveals the other party’s position, evidence, and arguments.
Negotiation and settlement discussions often occur throughout the process. Many contested divorces are resolved through negotiation before trial. As parties gain clarity about their positions and the likely court outcome, settlement becomes more likely. Mediation may occur, where a neutral third party facilitates settlement discussions. We also offer alternative dispute resolution options.
If a settlement does not occur, the case proceeds to trial. At trial, both parties present evidence, call witnesses, and make arguments to the judge. The judge then issues a ruling on contested matters. This creates a final divorce decree.
How Long Does a Contested Divorce Take?
The timeline for a contested divorce varies based on case complexity, court schedules, and whether parties reach a settlement. Simple contested divorces may resolve within six to twelve months. Complex cases involving significant assets, custody disputes, or business interests may require eighteen months to several years. Settlement typically accelerates the timeline. Trial preparation and court scheduling extend the process. Learn more about how long contested divorces take.
How a Judge Divides Assets in North Carolina
North Carolina follows the equitable distribution principle for dividing marital property. This principle appears in N.C. Gen. Stat. § 50-20. Equitable distribution does not necessarily mean equal division. Rather, it means fair division based on relevant factors. The court classifies property as marital property, separate property, or divisible property. Marital property includes assets acquired by either or both spouses during the marriage and before the date of separation. Separate property includes assets owned before marriage or acquired during the marriage by inheritance or gift to one spouse.
The court considers multiple factors when dividing marital property. These factors include the length of marriage, each spouse’s contribution to acquiring and maintaining property, the standard of living during marriage, each spouse’s earning capacity and education, and the tax consequences of property division. In high-asset divorces, courts examine business interests, investment accounts, retirement benefits, and real estate holdings carefully. Our property division attorneys have extensive experience with complex asset division.
The judge has discretion to divide marital property in a manner deemed equitable under the circumstances. This discretion allows courts to address unique situations. It ensures fair outcomes based on individual case facts.
Child Custody and Support Determinations
When parents cannot agree on custody arrangements, the court applies the best interests of the child standard. This standard appears in N.C. Gen. Stat. § 50-13.1. This standard requires courts to examine numerous factors. These include each parent’s relationship with the child, the child’s adjustment to home and school, the child’s preferences (depending on age and maturity), each parent’s ability to provide care and stability, and any history of abuse or substance abuse.
North Carolina recognizes both legal custody and physical custody. Legal custody means decision-making authority. Physical custody means where the child resides. Parents may share joint custody, or one parent may receive primary custody. The other parent receives visitation rights. The court prioritizes arrangements that maintain the child’s relationship with both parents. This ensures the child’s safety and well-being.
Child support calculations follow North Carolina guidelines. These guidelines appear in N.C. Gen. Stat. § 50-13.4. The guidelines are based on both parents’ income, the number of children, and custody arrangements. The guidelines establish a presumptively correct support amount. However, courts may deviate from guidelines when appropriate based on specific circumstances.
Why You Need a Contested Divorce Attorney
Contested divorces involve complex legal issues, procedural requirements, and strategic decisions. These decisions significantly impact your future. An experienced family law attorney in Wilmington protects your rights and interests throughout the process.
Your attorney guides you through discovery. They ensure you provide the required information while protecting privileged communications. During negotiation, your attorney advocates for your position. They evaluate settlement proposals against likely trial outcomes. If a trial occurs, your attorney presents evidence, examines witnesses, and makes persuasive arguments to the judge.
An attorney helps you avoid costly mistakes. These mistakes include making statements that harm your position, failing to preserve evidence, or missing procedural deadlines. Your attorney also ensures compliance with court orders and rules. This protects you from sanctions or adverse rulings based on procedural violations.
How Marshall & Taylor PLLC Can Help
At Marshall & Taylor PLLC, we approach contested divorce representation with thorough preparation and strategic thinking. We begin by understanding your goals, concerns, and priorities, then examine the facts, applicable law, and likely outcomes. From there, we develop a representation strategy aligned with your interests.
To prepare for negotiation, we establish a clear understanding of your position and analyze the other party’s likely position and potential areas for compromise. Settlement proposals are evaluated carefully, and we advise you about the advantages and disadvantages compared to a trial. You can explore our client experiences to understand why clients choose and recommend our firm.
If a trial becomes necessary, we prepare thoroughly. We gather evidence, prepare witnesses, develop legal arguments, and present your case persuasively to the judge. Our trial experience ensures you receive capable representation when your case reaches court. The Wilmington divorce attorneys at Marshall & Taylor PLLC have successfully handled hundreds of contested divorces.
We maintain open communication throughout the process, keeping you informed about developments and explaining your options clearly. At every stage, our attorneys ensure you understand the implications of the decisions you make. Because we recognize that contested divorce involves stress and uncertainty, we provide the guidance and support you need during this challenging time.
Frequently Asked Questions About Contested Divorce
Can a contested divorce be settled before trial?
Yes, many contested divorces settle before trial. As discovery progresses, both parties gain clarity about their positions and likely court outcomes. Settlement often becomes possible. Settlement typically occurs through negotiation or mediation. Settlement allows parties to control the outcome rather than leaving decisions to a judge. It typically resolves the case faster and less expensively than a trial. Learn about negotiating a divorce settlement.
What evidence do I need for a contested divorce?
The evidence you need depends on the contested issues. In property division disputes, you may need documentation of asset values, account statements, and evidence of how property was acquired. In custody disputes, evidence about your relationship with your child, your stability, and your ability to meet the child’s needs becomes important. In support disputes, income documentation and expense records are critical. Your attorney advises you about specific evidence needed for your case.
How much does a contested divorce cost?
Contested divorce costs vary based on case complexity, the number of contested issues, whether a trial occurs, and attorney fees. Simple contested divorces may cost several thousand dollars. Complex cases involving significant assets or custody disputes may cost substantially more. Your attorney provides fee information and discusses cost management strategies during your initial consultation. Contact our Wilmington office for a free consultation.
What happens if we can't agree on child custody?
If you cannot agree on custody, the court determines custody based on the best interests of the child standard. The judge examines relevant factors and issues a custody order. Either parent may request modification later if circumstances change significantly. Custody disputes often benefit from mediation. A neutral professional helps parents develop mutually acceptable arrangements. Our child custody attorneys can guide you through this process.
Can I modify a divorce decree after it's finalized?
Yes, you may seek modification of certain provisions after the divorce is finalized. Child support and custody may be modified if circumstances change substantially. Spousal support may be modified in some circumstances. Property division typically cannot be modified after the divorce is final. Your attorney advises you about modification options if your circumstances change after divorce.
What is discovery in a contested divorce?
Discovery is the process in which both parties exchange information and documents. These documents relate to contested issues. Discovery includes written interrogatories (questions requiring written answers), requests for production of documents, and depositions (sworn testimony). Discovery allows both parties to understand the other’s position, gather evidence, and prepare for negotiation or trial.
Contact Marshall & Taylor PLLC Today
Contested divorce requires experienced legal representation. Our contested divorce attorneys in Wilmington understand the challenges you face. We work to protect your rights and achieve fair outcomes. Call (919) 833-1040 or use our contact form to schedule your appointment.