Statesville And Taylorsville Contested Divorce: Protecting Your Interests
Divorce is rarely an easy process, and when disagreements arise, it can become emotionally charged and stressful. A contested divorce occurs when spouses cannot reach an agreement on one or more significant issues, such as child custody, property division or spousal support.
Our experienced attorneys at Harbinson Parker understand the complexities of contested divorce and are committed to advocating for your rights throughout the process. With over six decades of combined experience, we have a proven track record of achieving successful outcomes for our clients.
Contested Divorce: When Agreement Is Elusive
Several factors can contribute to a contested divorce, including disagreements over:
- Child custody and visitation: Decisions regarding a child’s living arrangements and parenting time can be especially contentious.
- Property division: Dividing marital assets and debts fairly can be complex, especially when significant assets are involved.
- Spousal support: Determining whether spousal maintenance is appropriate and, if so, the amount and duration can be a point of contention.
In North Carolina, divorces can only be filed as no fault. No-fault divorces cite irreconcilable differences as the reason for the separation, while fault-based divorces allege marital misconduct by one spouse. While the grounds for divorce do not typically affect the division of assets or debts, they can be a factor in determining spousal support.
The Contested Divorce Process: A Glimpse
A contested divorce generally follows a series of steps, including:
- Discovery: This phase involves gathering information from both parties through document requests, depositions and interrogatories.
- Mediation or arbitration: In some cases, mediation or arbitration can help couples reach an agreement outside of court. Attorney David Parker, a certified mediator at Harbinson Parker, can facilitate these discussions.
- Trial: If no agreement is reached, the case goes to trial, where a judge will rule on the disputed issues.
North Carolina is an equitable distribution state, meaning marital assets and debts are divided fairly but not necessarily equally. Factors the court considers include the length of the marriage, each spouse’s income, earning capacity and contributions made to the marital estate.
Protect Your Rights With Our Knowledgeable Contested Divorce Attorneys
Get started today by calling 828-600-7462 or completing our contact form to schedule a consultation with a skilled divorce attorney. From our offices in Taylorsville and Statesville, we will work tirelessly to protect your interests.