Divorce is never easy. It can be emotionally draining and legally complex. One of the first major decisions you’ll face is whether your divorce will be uncontested (you and your spouse agree on the major terms) or contested (you don’t). Understanding the differences between these paths is critical for planning your next steps in North Carolina.
At Martine Law, we meet clients at this stressful moment with empathy, clarity, and expertise. We know North Carolina law, we know the emotions, and we help you choose and navigate the right path for you.
What does “uncontested” mean?
An uncontested divorce means you and your spouse have agreed (or will agree) in advance on all the major issues of your split: property division, debts, child custody and support (if there are children), and possibly alimony. With that agreement in hand, you can present it to the court and ask for a final divorce decree.
Because you’re not fighting over terms, the process tends to be faster, less expensive, and less emotionally fraught.
What does “contested” mean?
A contested divorce is when you and your spouse cannot agree on one or more key issues. That means the court may have to step in and decide for you. Issues often include: who keeps the house, major assets, how debts are split, child custody and visitation, who pays child support, and whether alimony is appropriate.
Even if you agree on some things but not all, your divorce is still considered contested in many respects.
How the process differs in North Carolina
Uncontested:
- You meet required statutory conditions (e.g., one year of separation, and one spouse having been a resident of North Carolina for six months).
- You and your spouse draft a settlement agreement covering all material issues (property, debts, custody, support).
- File a Complaint for Absolute Divorce, serve spouse, spouse agrees.
- Submit your agreement and required forms to the court.
- If the judge finds everything in order (including that any children’s best interests are protected), the court enters a divorce decree.
- Because there’s less (or no) dispute, fewer hearings, less discovery, fewer delays.
Contested:
- Same basic statutory requirements for separation and residency apply.
- One spouse files a Complaint, the other responds with an Answer or possibly counter-claims.
- Discovery phase: exchange of financial records, depositions, interrogatories, valuations of property or businesses, perhaps expert testimony.
- Pre-trial motions, hearings, and often mandatory mediation to attempt settlement.
- If settlement fails, trial before a judge (sometimes jury depending on county) where disputed issues are decided.
- After decision, possible appeals.
Timing, cost and emotional impact – the practical differences
- An uncontested divorce may be resolved fairly quickly when the documents are in order and there are no disputes. Time depends on court backlog and your county, but generally much faster.
- A contested divorce tends to take much longer — many months to over a year. Complex assets, major disputes, litigation all add time.
- Cost: Because contested divorces require more attorney time, hearings, experts, discovery, they cost significantly more than uncontested cases.
- Emotionally: Uncontested divorces tend to cause less conflict, less strain on children (if any), and less public/legal wrangling. Contested divorces bring added stress, uncertainty, and emotional toll.
Which one is right for you? What to consider
Here are some questions you should ask when deciding your path:
- Do you and your spouse agree (or believe you can agree) on the major issues: property division, debt, custody, child support, spousal support?
- Are there minor assets or modest property/debt so division is straightforward?
- Are there no children, or if there are, is custody/support arrangement already acceptable to both?
- Are you comfortable drafting a settlement and trusting it will be enforced?
- Do you want to avoid lengthy litigation, cost, and uncertainty?
If yes to many of these — uncontested may be feasible. If no — meaning there are major assets, business interests, hidden debts, contested custody, or spousal support disagreements — then you may have to plan for a contested divorce.
Risks of attempting an uncontested divorce when it should be contested
- You may rush an agreement that is unfavorable, without fully understanding financial implications.
- Hidden assets or debts may surface later, altering the settlement.
- If children are involved, custody/support arrangements may be challenged if not handled carefully.
- Even an “uncontested” divorce can turn contested if one spouse changes their mind or challenges terms.
Because of this, even for uncontested cases, it’s wise to have experienced legal counsel review your agreement to ensure your rights are protected.
Why legal representation matters
At Martine Law we help you understand which path you are on — contested or uncontested — and prepare accordingly. In contested cases we advocate for your interests at every stage: discovery, mediation, hearings, trial. In uncontested cases we help ensure your settlement is fair, legally enforceable, and properly filed so you don’t have to revisit old issues in the future.
Take the next step
If you’re considering divorce in North Carolina and are unsure whether you’re heading into a contested or uncontested process, it’s time to act. Get all your questions answered, evaluate your situation realistically, and choose the path that preserves your rights, your finances, and your future.
Contact Martine Law today for a consultation where we’ll help you map out your divorce strategy—whether you aim to cooperate and finalize amicably or need to prepare for a contested process.