Understanding Contested Divorce in North Carolina

Divorce can be an emotionally and financially challenging process. When both spouses cannot agree on key issues, it leads to what’s known as a contested divorce. In North Carolina, contested divorces are common, especially when disputes arise over property division, spousal support, child custody, and more. At James L. Jordan Law, we help clients navigate the complexities of contested divorce, providing guidance for steps of the way.

Whether you are facing disagreements on financial matters or custody, this blog will help you understand what a contested divorce involves in North Carolina, how it works, and what to expect.

What Is a Contested Divorce?

A contested divorce occurs when the spouses cannot reach an agreement on one or more key issues in their divorce. This can include disputes over:

• Property division
  
• Alimony/spousal support
  
• Child custody
  
• Child support
  
• Visitation rights
  

In contrast, an uncontested divorce is when both spouses agree on all major terms and seek the court’s approval for the dissolution of their marriage. However, in a contested divorce, legal intervention is necessary, and the court will make the final decisions.

Grounds for Divorce in North Carolina

North Carolina is a no-fault divorce state, meaning you do not need to prove that either spouse is at fault for the divorce. The only requirement is that the spouses have lived separate and apart for at least one full year. After meeting this requirement, either spouse can file for divorce without having to show any specific grounds like adultery or cruelty.

To file for divorce in North Carolina, one spouse must also be a resident of the state for at least six months before filing (NC General Statutes § 50-8).

Common Issues in a Contested Divorce

In a contested divorce, the primary issues that may need to be resolved include:

• Equitable Distribution of Property
  North Carolina uses the principle of equitable distribution to divide marital property. Marital property includes assets and debts acquired during the marriage, while separate property (such as inheritances or assets owned before marriage) is not divided. Courts look at factors such as the length of the marriage, each spouse’s financial situation, and contributions to the marital estate (NC General Statutes § 50-20).
  
• Alimony (Spousal Support)
  Alimony is often a contested issue. The court considers multiple factors when deciding whether to award alimony, including:
  
  • The financial need of the requesting spouse
    
  • The ability of the other spouse to pay
    
  • The length of the marriage
    
  • The earning capacity of each spouse
    
  • Any marital misconduct, such as infidelity (NC General Statutes § 50-16.3A)
    
• Additionally, illicit sexual behavior by the requesting spouse before separation may prevent them from receiving alimony (NC General Statutes § 50-16.3A).
  
• Child Custody and Visitation
  North Carolina courts prioritize the best interests of the child when determining custody. The court considers:
  
  • Each parent’s ability to provide a stable environment
    
  • The child’s relationship with each parent
    
  • The child’s developmental needs
    
  • Any history of domestic violence or substance abuse (NC General Statutes § 50-13.2)
    
• Custody can be joint or sole, depending on the circumstances. Even if parents share custody, the court will determine the parenting plan—the amount of time the child spends with each parent.
  
• Child Support
  North Carolina uses its Child Support Guidelines to calculate support payments. Factors such as both parents’ gross income, the custody arrangement, and any special expenses like medical costs or daycare are considered (NC General Statutes § 50-13.4). Child support payments continue until the child turns 18 or graduates high school, whichever comes later (but no later than age 20).
  

The Process of a Contested Divorce in North Carolina

If you’re facing a contested divorce, here’s what you can expect from the process:

1. Filing the Complaint
   One spouse files a complaint for divorce, detailing requests related to custody, property division, alimony, and support.
   
2. Service of Process
   The other spouse is served with the divorce complaint and given the opportunity to respond.
   
3. Discovery Phase
   Both spouses exchange financial documents, property inventories, and other relevant evidence. This is the stage where each side gathers the necessary information to support their case.
   
4. Mediation
   North Carolina courts often order mediation in contested divorces, particularly when custody or visitation is in dispute (NC General Statutes § 7A-38.1). Mediation allows both parties to negotiate and potentially resolve disputes without needing a trial. If mediation is unsuccessful, the case proceeds to court.
   
5. Trial and Court Hearing
   If mediation fails or an agreement cannot be reached, the case will go to trial. A judge will hear both sides, review evidence, and make final decisions on contested issues. This includes decisions on property division, spousal support, custody, and support.
   

Can You Change Court Orders Later?

Yes, North Carolina allows for the modification of certain divorce-related orders, including child custody, child support, and alimony, if there is a substantial change in circumstances. This may include:

• Changes in income or employment
  
• A change in the child’s needs or schedule
  
• A parent’s relocation
  
• The remarriage of either spouse
  

To request a modification, you must file a motion with the court, and the judge will decide if the change is warranted (NC General Statutes § 50-13.7, § 50-16.9).

What Happens if the Other Spouse Doesn’t Comply with Court Orders?

If one spouse fails to comply with a court order, such as not paying child support or violating a custody order, there are legal remedies. The court can enforce the order through:

• Wage garnishment
  
• Seizing tax refunds
  
• Suspending driver’s or professional licenses
  
• Contempt of court, which can result in fines or jail time (NC General Statutes § 50-16.7)
  

Final Thoughts

Going through a contested divorce in North Carolina can be an overwhelming experience, especially when there are disagreements over child custody, property, and alimony. However, with the right legal guidance, you can ensure that your interests are protected, and you can reach a fair resolution.

At James L. Jordan Law, we are here to help you navigate the complexities of contested divorce. Whether you’re dealing with property division, child custody, or spousal support disputes, we provide expert advice and strong representation in your case.

If you’re facing a contested divorce, or if you need help with legal matters related to divorce, contact James L. Jordan Law today to schedule a private consultation.