Greensboro Contested Divorce Lawyer

Helping Clients Navigate the Complex Divorce Process in North Carolina

Are you in the midst of a difficult divorce, where negotiations have come to a standstill, and tensions are running high? When facing a contested divorce, you need a skilled legal team that can guide you through this challenging process. At Roupas Law Firm, our Greensboro contested divorce attorney, is here to provide you with the legal support you need.

Call Roupas Law Firm today at (336) 850-5525 or contact us online to schedule a consultation with our contested divorce attorney in Greensboro.

What is a Contested Divorce?

A contested divorce is considered a legal process in which the divorcing spouses cannot agree on key issues related to the dissolution of their marriage. These key issues typically revolve around the following:

• Division of Assets and Debts: When spouses cannot agree on dividing their property, assets, and debts acquired during the marriage, the divorce becomes contested.
• Child Custody and Support: Disputes over child custody, visitation rights, and child support often result in a contested divorce.
• Alimony: When one spouse seeks spousal support and the other disagrees, it can lead to a contested divorce.
• Any Other Key Issues: Other contentious issues that can make a divorce contested include disagreements over insurance, retirement accounts, and any other marital property.

Contested Divorce Requirements in North Carolina

There are specific requirements and legal grounds for filing a contested divorce in North Carolina. To initiate the process, you or your spouse must meet the following conditions:

• Separation: One of the most common grounds for divorce in North Carolina is separation for at least one year. This means you and your spouse have lived separately for a continuous period of 12 months or more.
• Incurable Insanity: Another ground for divorce is the incurable insanity of one spouse, which requires proof of mental illness.
• Adultery: Adultery can be grounds for divorce if you can provide proof that your spouse was unfaithful.
• Abandonment: If your spouse has abandoned you for at least one year, this can also be grounds for a contested divorce.
• Cruel and Inhuman Treatment: You may be eligible for a contested divorce if your spouse has subjected you to cruel and inhuman treatment.

How Long Does a Contested Divorce Take in North Carolina?

The duration of a contested divorce in North Carolina can differ depending on several elements, including the complexity of the case, the court's caseload, and the willingness of the parties to cooperate. While it is impossible to provide an exact timeline, contested divorces typically take longer to resolve than uncontested ones.

On average, a contested divorce in Greensboro can take anywhere from several months to several years. The process involves numerous legal procedures, including filing the initial complaint, discovery, negotiations, court hearings, and potentially a trial. 

Frequently Asked Questions About Contested Divorces in Greensboro, NC

1. What is the difference between a contested and an uncontested divorce? In a contested divorce, the spouses are unable to agree on key issues, such as division of property, alimony, or child custody, requiring court intervention. In contrast, an uncontested divorce occurs when both parties reach an agreement on all matters, allowing for a quicker, more streamlined process.

2. What happens if my spouse does not respond to the divorce petition? If your spouse fails to respond to the divorce petition, the court may proceed with a default judgment. This means the court will likely rule in your favor regarding the contested issues, unless your spouse later petitions to reopen the case.

3. Can I change the terms of a contested divorce after the final judgment? Once a divorce is finalized and a judgment is made, it is generally difficult to change the terms. However, if circumstances change significantly (such as a substantial change in income or living conditions), you may be able to request a modification of certain terms, such as child support or custody arrangements.

4. Will I need to testify in a contested divorce? It is possible that you may need to testify in a contested divorce, especially if your case goes to trial. Testifying may be necessary to present evidence or explain your side of the dispute regarding property division, custody, or other contested issues.

5. How is child custody determined in a contested divorce? In contested divorces involving children, the court will determine custody based on the best interests of the child. Factors considered include the child’s relationship with each parent, the ability of each parent to provide a stable environment, the child’s emotional needs, and any history of abuse or neglect.

6. Can I still get a divorce if my spouse refuses to sign the papers? Yes, you can still proceed with a divorce even if your spouse refuses to sign the divorce papers. North Carolina allows for divorce even without mutual agreement, as long as you meet the state's residency and separation requirements.

Call Roupas Law Firm today at (336) 850-5525 or contact us online to schedule a consultation with our contested divorce attorney in Greensboro.