Contested Divorce

Fayetteville, NC Contested Divorce

The process of going through a divorce in North Carolina can be relatively simple and straightforward when both parties agree to the terms and there is no high level of animosity between them. Many couples who wind up filing for divorce have tried to work through their martial difficulties for a long period of time, so they have already discussed the details and thought it all through with the best interests of all concerned in mind. However, there are cases when an agreement can’t be reached concerning matters like the custody of the children, spousal support, division of shared property, and child support, and in these instances the matter is considered to be a contested divorce.

When a couple is at an impasse concerning all or some of the terms of a divorce, their attorneys can sometimes help them to find some common ground, and often times a third party mediator can help this process along. In the state of North Carolina the court can actually order mediation to help settle contentious child custody or visitation issues. When there is a lack of concurrence concerning the terms of the divorce and the matter winds up in court, the issue of fault may come into play. Decisions concerning division of assets, potential spousal support payments, and child custody and visitation rights may be impacted by the actions of the at-fault party. These could include things like adultery, physical or emotionally abuse of spouse and/or children, desertion, and substance abuse problems.

When you are getting a divorce, it is important to make sure that the terms are fair to you and serving the well being of your children if you have them. However, it is always best to do everything possible to work out a  mutually acceptable agreement with your former spouse. The longer the case gets drawn out, the more stressful, acrimonious, and expensive it becomes, and it is very likely that both parties will be able to anticipate exactly what the judge will find when he or she examines the evidence. It is better to simply set aside any malice that may exist, look at the facts in a fair and balanced manner, and be willing to do what is best for everyone involved.

If you are going through a contested divorce proceeding, retain the expertise of an experienced Fayetteville NC divorce attorney to advocate your rights.