A divorce may begin with the intention to resolve everything smoothly. Many couples believe that once separation requirements are met, agreement on custody, support, and property division will naturally fall into place. In practice, however, some North Carolina divorces shift from cooperation to disagreement as specific issues become harder to resolve.
A contested divorce does not mean the process has failed. It means certain decisions still require structure or court involvement before they can be finalized. Understanding the main reason for a divorce helps explain why this shift occurs and why some cases take longer than others. The North Carolina Judicial Branch provides information on separation and divorce; it sets the basic requirements for divorce.
If you want guidance about why your divorce may be becoming contested instead of settled, you can contact Martine Law to discuss your situation and next steps.
Why Some Divorce Cases Become Contested
North Carolina G.S. 50-20 divorce law follows a structured process that depends on accurate information, disclosure of financial records, and explicit agreement on key terms. When clarity is missing in any of these areas, disputes arise.
There are several reasons to contest a divorce, including:
- Disagreement about child custody or parenting time.
- Concerns about property division or asset valuation.
- Disputes over alimony or financial support.
- Lack of full financial disclosure
- Uncertainty about who keeps the home or business.
As these issues surface, settlements become harder to achieve, and the matter is brought before the court to determine final terms.
What Happens When a Divorce Becomes Contested
A divorce becomes contested when spouses do not reach an agreement on one or more major issues. At that point, the case follows a more formal legal path. This is what happens in a contested divorce in North Carolina in most situations:
Spouses submit written filings to the court. Financial documents and other records must be exchanged. The parties may attend mediation or negotiate to resolve disputed issues. If a settlement is not reached, the court schedules a hearing and may eventually set the case for trial.
The North Carolina Child Custody and Visitation Mediation Program explains how contested custody cases are commonly addressed through court-connected mediation.
Where Divorce Cases Commonly Shift From Settled to Contested
Divorce cases do not usually become contested for a single reason. Instead, disagreements develop gradually as details are discussed. Cases often change direction when:
- Property and debts must be divided.
- Parents disagree on schedules or decision-making authority.
- Retirement accounts or business interests require valuation.
- Either spouse raises concern about hidden income or assets.
North Carolina State Bar divorce overview. Identifying these points early allows spouses to address them before the case becomes more complex.
Issues that often lead to contested divorce in NC
| Issue in Divorce | How does it lead to a contested case |
| Parenting time or custody difference | The court must determine the best interests of the child |
| Alimony disputes | Court reviews income and need |
| Property division disagreement | Judge applies equitable distribution law |
| Disputed asset values | Appraisals or financial experts may be required |
| Incomplete financial disclosure | Additional discovery becomes necessary |
| Debt division disagreement | The court assigns financial responsibility |
When these issues come up, spouses often cannot reach an agreement. The court then steps in, reviews the facts, and makes final decisions so the case can move forward.
How Long a Contested Divorce Can Take in NC
There is no single timeline. Some contested cases resolve within months. Others take longer, especially when there are businesses to value, real estate to divide, or complex parenting issues. Court scheduling also affects the duration of the case.
The North Carolina court system publishes packets and forms that show the steps in contested divorces.
The key point is this: contest doesn’t mean endless. It simply means more work must be done to reach the final terms.
Why Having Legal Guidance Helps
Contested divorce is not just paperwork. It involves strategy, deadlines, negotiation, and court rules. An attorney can help organize records, prepare proposals, and present your position in a way the court can use.
Guidance does not remove every challenge, but it helps the case move in a clearer, steadier direction.
How Contested Divorce Can Affect Daily Life and Planning
A contested divorce can influence:
- parenting schedules
- housing decisions
- financial planning
- timing of major life choices
Understanding why a case is contested helps set realistic expectations and supports better decision-making during the process.
Next Steps if Your Divorce is Becoming Contested
If your divorce is starting to move toward contested status, staying organized helps. Keep financial records together, follow court dates, limit social media discussions about the case, and ask questions when something is unclear. Small steps now can make the later stages easier to manage.
Talk With a North Carolina Family Law Attorney
A contested divorce can shape parenting time, support, and financial stability going forward. Having someone to walk you through your options makes the process more manageable.
If your case is shifting from settled to contested and you want clarity on next steps, Martine Law can guide you through the process under North Carolina law.
You can call us at +1 (704) 842-3411 to discuss your situation confidentially.
Frequently Asked Questions About Contested Divorce in North Carolina
What money can’t be touched in a divorce?
Money that usually cannot be divided in a divorce is “separate property.” This often includes assets owned before marriage, inheritances, or gifts given to only one spouse. To stay protected, the money must be kept separate and not mixed with shared marital funds. Once mixed, it may be treated as marital property.
What is the 10/10/10 rule in divorce?
The 10/10 rule applies to certain military divorces. If the marriage lasted at least 10 years and the service member has at least 10 years of creditable military service during that time, the non-military spouse may receive their share of military retirement directly from the Defense Finance and Accounting Service (DFAS)
What happens if a spouse hides money during a divorce in North Carolina?
Hiding money or assets during divorce is not allowed in North Carolina. The court requires full financial disclosure. If a spouse conceals income or property, the judge can impose sanctions, reopen settlements, award a larger share to the other spouse, or hold the person in contempt of court.
What should you not say during separation?
Avoid insulting or badmouthing your spouse, especially in front of children. Negative talk can harm kids and may affect custody issues. Keep conversations focused on practical matters, and use neutral language when discussing the separation with others.
What are the 3 C’s of divorce?
The three C’s of divorce are communication, cooperation, and compromise. Staying organized, sharing needed information, and working toward fair agreements can make the divorce process smoother and reduce conflict.