Divorce doesn’t have to be a struggle. Men and women have the power to negotiate their own uncontested divorce in North Carolina. Unfortunately, many people cannot agree, which means that their case is litigated in front of a judge, increasing the costs of divorce. Contact Remington & Dixon to discuss uncontested and contested divorce. Our firm can help clients develop a strategy for ending their marriage. Schedule a private consultation with our Charlotte family lawyer.
Uncontested vs. Contested Divorce: What You Need to Know
Here are brief overviews of both uncontested and contested divorce.
What is Uncontested Divorce?
This is a divorce where a couple has agreed on all important issues. There is nothing for the judge to decide because a couple has found common ground regarding:
- Child custody. Parents have divided legal and physical custody and crafted a detailed parenting plan.
- Child support. The parents have probably used the state guidelines to arrive at the child support payment obligation.
- Division of marital property. Couples must divide all property they acquired while married, unless they received a gift or inheritance. Marital property can include business assets, such as a small business.
- Division of marital debts. Joint debts are also divided between the couple.
- Alimony. The couple has decided whether one spouse will pay alimony to the other, how much, and for how long.
When a couple agrees on all these issues, they can sign an agreement and submit it to a judge. The judge doesn’t just rubber-stamp the settlement. Instead, the court reviews that it is fair, with close attention to whether child custody is in the child’s best interest.
What is a Contested Divorce?
You have a contested divorce if you disagree on any of the issues listed above. Some couples disagree about everything and cannot even get close to agreement. Others agree on all but one issue (like child custody).
The courts play a larger role in a contested divorce in North Carolina. For example, the couple will probably engage in formal discovery. That means requesting documents or information from each other and possibly undergoing a psychological exam. When custody is in dispute, parents sometimes may have to participate in lengthy home studies to help the court decide which home will more effectively promote a child’s welfare.
Litigation is lengthy. In addition to discovery, a contested case can often involve multiple motions and hearings. All this work builds to the trial in front of the judge, who issues a binding decision on outstanding issues.
Which is Right for Me: Contested or Uncontested Divorce?
Probably everyone hopes for an uncontested divorce. It is less stressful and less expensive if you and your spouse can agree on all critical issues and draft a divorce settlement agreement. You can walk away with your divorce decree much faster.
Unfortunately, some couples simply cannot agree on these issues. They might try their best, or not. Sometimes, couples harbor such animosity for each other that they cannot even be in the same room. Other divorcing couples like to dig in and fight, trying to inflict maximum damage.
The state tries to help couples work together. A judge will probably send you to mediation. This is a chance to discuss your divorce with a mediator, who is a third-party neutral who might propose solutions to your disputes. Although participation is mandatory, you aren’t required to accept any proposal.
Your choice of lawyer matters, too. An experienced divorce lawyer can help a client view the dispute objectively and think about how a judge will decide a contested case. This is an advantage of an uncontested divorce: you can set the terms. If your case goes in front of a judge, then you have no control over the resolution.
When to Fight
An agreement sounds good in theory, and many couples can reduce their stress and legal bills by working diligently toward an uncontested divorce. Still, there are times when you have no choice but to bring a contested case:
- Your children are endangered. If the other parent has abused your children, then you will try to do anything to obtain sole custody.
- You are the victim of domestic violence. A restraining order could prevent your spouse from being in the same room as you. Negotiation and mediation become impossible.
- Your spouse struggles with narcissism or mental health problems. Trying to negotiate with someone with these disorders is exhausting.
- Your spouse is simply being unreasonable. Often, no mental health is to blame. Your spouse is simply being inflexible and won’t even try to meet you halfway.
Speak to a Charlotte Divorce Lawyer at Remington & Dixon, PLLC
Divorce is an emotional experience, and too many people try to handle their own case. Instead, hire the right legal team for your needs. Remington & Dixon PLLC, has helped men and women with both contested and uncontested divorces. We know how to get the most out of mediation, and we always negotiate with an eye toward what is best for our clients. Contact us at 704-247-7110 to learn more.
We have helped those in the 28207 zip code and nearby communities in Cabarrus, Mecklenburg, and Union County.
