Most divorcing couples hope to end their marriages amicably, but disagreements often emerge during the divorce process. When spouses cannot reach mutual agreements on important issues, the divorce becomes contested. In such cases, dedicated legal assistance becomes all the more critical.
At Patrick, Harper & Dixon, our family law attorneys have decades of experience handling contested divorce cases. We understand the emotional and financial stakes involved and will advocate strongly for your interests throughout this challenging process. Call us today or contact us online for a confidential consultation with a member of our team.
What Makes a Divorce “Contested”?
A contested divorce occurs when spouses disagree on one or more significant aspects of their divorce settlement. Unlike an uncontested divorce, where both parties mutually agree on all terms, contested divorces require court intervention to resolve disputes.
In Hickory and throughout North Carolina, contested divorces typically involve disagreements about:
- Child custody and visitation
- Child support
- Division of marital property
- Allocation of responsibility for debts
- Spousal support/alimony
Even if you and your spouse agree on some issues, disagreement on any single item can create a contested situation requiring legal assistance to resolve.
The Contested Divorce Process in North Carolina
North Carolina is a no-fault divorce state, meaning you don’t need to prove wrongdoing to end your marriage. However, the following state requirements still apply:
- At least one spouse must have resided in North Carolina for a minimum of six months.
- You and your spouse must live separately for at least one year before filing- at least for divorce-but other filings MUST have been pled before a final judgment of divorce is made otherwise they are waived
- Either spouse can file for divorce after meeting these requirements.
When your divorce becomes contested, the process typically follows these steps:
- Filing the Complaint – Your attorney will file initial divorce paperwork with the court.
- Response from Your Spouse – Your spouse will receive copies of the paperwork and has 30 days to respond.
- Discovery Phase – Both parties exchange relevant information and documentation.
- Temporary Orders – The court may establish temporary arrangements for custody, support, and other pressing matters.
- Negotiation Attempts – Your attorney will work to resolve disputes through negotiation.
- Mediation – North Carolina courts typically require mediation before trial.
- Trial – If issues remain unresolved, a judge will hear evidence and make final decisions.
- Final Judgment – The court will issue a divorce decree finalizing all terms.
This process can take significantly longer than an uncontested divorce, sometimes stretching from several months to over a year, depending on the complexity of disputes and court schedules.
Common Issues in Contested Divorces
While every divorce involves unique issues, some of the most frequently occurring sticking points include the following:
Child Custody
Child custody disputes often become the most emotionally charged aspect of contested divorces. North Carolina courts divide custody into two components:
- Legal custody, which determines who makes important decisions about education, healthcare, and religion
- Physical custody, which stipulates where children primarily reside and how parenting time is divided
The court will always prioritize the child’s best interests when determining custody arrangements. Our attorneys can help present compelling evidence about your parenting abilities and create a strategy that protects your relationship with your children.
Property Division
North Carolina follows “equitable distribution” principles, meaning marital property should be divided fairly (though not necessarily equally). Disputes often arise concerning:
- The identification of separate versus marital property
- The valuation of complex assets like businesses, investments, or retirement accounts
- The division of the marital home
- The distribution of personal property with sentimental value
Our attorneys will work methodically to identify, value, and advocate for your fair share of marital assets.
Financial Support
Contested divorces frequently involve disputes about financial support, including:
- Child support, which is calculated using North Carolina’s guidelines based on income and custody arrangements
- Alimony, which is the potential ongoing support from one spouse to another based on factors like income disparity, the length of the marriage, and the spouses’ standard of living
- Post Separation Support, which is support during the pending litigation for divorce from one spouse to another based on factors like income disparity, the length of the marriage, and the spouses’ standard of living
These financial determinations can affect your economic stability for years to come. We will advocate for arrangements that respect your financial needs and obligations.
The Benefits of Experienced Representation
Contested divorces demand skilled legal representation. With an experienced attorney from Patrick, Harper & Dixon on your side, you will have the help you need to develop a comprehensive approach to achieve your priorities. Our attorneys will gather and present compelling documentation to support your position as we aim to work toward settlement without unnecessarily prolonging litigation. However, our trial-ready lawyers will thoroughly prepare for court proceedings if necessary.
Most importantly, we are here to provide emotional support as well. We understand the personal toll of a contested divorce and will guide you compassionately.
Alternatives to Litigation
Even in contested cases, these alternatives to courtroom battles exist:
- Mediation, where a neutral third party helps facilitate agreements between spouses
- Collaborative divorce, in which both parties and their attorneys commit to resolving issues without court intervention
- Settlement conferences, which involve structured negotiations with both parties and their attorneys present
Our attorneys have extensive experience with these alternative approaches and can help determine which option might serve your needs while avoiding the expense and stress of prolonged litigation.
Why Choose Patrick, Harper & Dixon?
With roots dating back to 1946, Patrick, Harper & Dixon brings stability, experience, and community trust to your contested divorce case. Our family law attorneys will:
- Listen carefully to your concerns and priorities
- Explain legal options in clear, understandable terms
- Develop a strategic plan tailored to your specific circumstances
- Advocate vigorously for your interests
- Keep you informed throughout the process
- Work efficiently to control costs
- Seek the most favorable outcome possible
Contact Our Hickory Contested Divorce Attorneys
When facing a contested divorce, having the right legal team matters. The experienced family law attorneys at Patrick, Harper & Dixon can provide the skilled representation you need during this challenging time. We will work diligently to protect your rights, secure your financial future, and preserve your relationship with your children. Contact Patrick, Harper & Dixon today for your confidential consultation.
