If you’re facing divorce in North Carolina and one or both of you can’t agree on key issues, you may be entering a contested divorce.
It’s a more complex, emotionally charged path—but you don’t have to face it alone. Below, I explain how contested divorce works in North Carolina, what disputes often arise, critical timelines, and how having a lawyer makes a difference.
What Is a Contested Divorce?
A contested divorce means the spouses do not agree (or cannot agree) on all of the major terms of the divorce. Instead of a smooth, negotiated settlement, some disputes remain that must be decided by a court. Typical contested matters include:
- Child custody and visitation
- Child support
- Division of marital assets and debts
- Spousal support (alimony)
Even though North Carolina is a “no-fault” divorce state (you don’t have to prove wrongdoing to divorce), disputes over how to divide property or care for children can force the case into litigation.
How Divorce Works Legally in North Carolina
Grounds and Separation
- North Carolina recognizes an absolute divorce after one year of separation.
- The spouses must live “separate and apart,” meaning separate residences and the intention to live apart moving forward. (
- At least one spouse must have lived in North Carolina for six months prior to filing, to satisfy jurisdiction.
Even if one spouse does not want a divorce, the other can move forward with the filing once the requirements are met—what makes it contested is the disagreements over terms.
The Legal Process
- Complaint filed: The spouse wanting divorce (the “plaintiff”) prepares and files a divorce complaint in the appropriate county court.
- Service: The other spouse (the “defendant”) must be formally served with the complaint and summons.
- Answer & Counterclaims: The defendant has a deadline (often 30 days) to respond. They may admit or deny claims, and raise their own claims or defenses.
- Discovery: Both sides exchange information (financial records, documents, interrogatories, depositions) relevant to contested issues.
- Motions/Pretrial Hearings & Mediation: Before trial, parties often file motions and may attempt mediation or settlement negotiations.
- Trial: If no agreement is reached, the case goes to court where a judge makes the final decisions on contested issues.
Throughout this, evidence and testimony support the positions on custody, assets, and support.
Common Disputed Issues
Some matters frequently become contested:
- Child custody & parenting time: Who the children will live with, decision-making responsibilities, and visitation.
- Child support: How much one parent pays the other to help support the children.
- Division of assets & debts: NC follows equitable distribution, meaning courts divide marital property fairly (not necessarily equally).
- Spousal support / alimony: Whether one spouse should receive support after divorce, and if so, how much and how long.
Because each family’s situation is different, courts consider factors like income, length of marriage, contributions by each spouse, and children’s needs.
Timeline & What to Expect
A contested divorce typically takes longer than an uncontested oneSome guides suggest a contested divorce in North Carolina may last a year or more from filing to final judgment.
Things that slow it down include:
- Complex or hidden assets
- Difficult child custody disputes
- Court backlog or scheduling delays
- Extended discovery or disputes over evidence
Because contested cases are unpredictable, your attorney will aim to move things along while protecting your interests.
What Should You Do If You Face a Contested Divorce?
- Act quickly: Keep track of deadlines (such as the time to file your Answer).
- Gather documentation: Financial records, tax returns, bank statements, deeds, child-related documents, etc.
- Work with an attorney: This is crucial when disputes are involved; a skilled family law attorney will advocate for your rights and help you avoid pitfalls.
- Consider mediation or negotiation: Even in contested cases, many issues can be resolved outside court with the help of professionals.
- Prepare for court: Be ready with evidence, credible testimony, and an organized presentation of your case.
Why Legal Help Is Essential
In a contested divorce:
- The legal process is complicated, and missing a step can hurt your case.
- Calculating support, valuing property, or arguing custody requires experience in NC law.
- A lawyer will know how to present your case effectively and protect your rights.
- They can advise on settlement strategies and when trial is truly necessary.
Martine Law has experience guiding clients through contested divorce matters. You won’t navigate this process alone—we’ll fight for your interests, explain each step in plain language, and be your steady support.
Key Takeaways
- A contested divorce in North Carolina happens when spouses can’t agree on one or more major disputes.
- North Carolina allows divorce on no-fault, but contested issues still lead to litigation.
- The process involves filing, serving, responding, discovery, hearings, and possibly trial.
- A contested case often takes a year or more and can be expensive—legal help is crucial.
- Even in dispute, settlement or mediation remain possible in many cases.
If you’re facing a contested divorce and don’t know where to begin, reach out. Start by scheduling a consultation with our team. We can help clarify your options and support you through every step.
Ready to discuss your situation? Contact Martine Law today to schedule your consultation: Contact Us