Charlotte Contested Divorce Lawyer

Divorce is more than just ending a marriage contract. While it is possible to petition for a “simple divorce” in which you only wish to be divorced and are not seeking any property or other terms, this is not always a viable option. A contested divorce is likely to entail several issues that must be resolved before the divorce can be finalized. In most cases, the elements of a contested divorce include:

• Property division. The state follows the equitable distribution rule for property division in divorce, meaning all marital property must be divided as fairly as possible. This does not, however, mean that each spouse will receive exactly half of the marital property. Your attorney can help you complete the financial disclosure process and identify the key areas of concern for property division in your divorce.
• Child custody. When divorcing spouses have children, custody must be determined by the court. Each parent’s schedule, criminal record, and other variables will be assessed so the court can determine what type of custody arrangement would suit the child’s best interests. It is possible for one parent to assume custody or for the parents to share joint custody.
• Child support. When one parent has a greater share of custody than the other, or if one parent earns less than the other in a joint custody arrangement, the other parent will likely be required to pay child support. The amount paid will depend on several factors, and the amount can change over time.
• Alimony. If one spouse was financially dependent on the other during their marriage, alimony may be required in order for the supported spouse to have the same standard of living as they had when they were married. Alimony typically continues for half the length of time that the marriage lasted, but it is possible for a spouse to be disqualified from spousal support due to marital misconduct.

These are the most commonly cited issues that need to be resolved in contested divorce cases. It’s important to remember that there are several options for addressing these issues. While some couples litigate, this is a lengthy and stressful process, and many explore alternative dispute resolution for greater efficiency and to save money on their legal fees. However, this is not a viable option for every divorce case.

Alternative dispute resolution can allow a divorcing couple more control over the final outcome of their divorce, but only if they are both willing to compromise. Alternative dispute resolution is effectively private settlement negotiations for divorce, and this typically unfolds through a mediation process. During mediation, the spouses, their respective attorneys, and a neutral mediator meet privately to negotiate terms for resolving the divorce.

This can be an effective process for resolving the most contentious aspects of a contested divorce, but it is not possible to privately resolve any issues concerning child custody or child support. The court has a duty to ensure that any such orders suit the best interests of the children they will affect, but it is possible to negotiate things like property division and alimony in alternative dispute resolution.

Whether the couple is able to resolve some issues through alternative dispute resolution or they cannot reach any mutual agreement through this process, they will need to take their case to litigation to resolve their divorce. The court will also need to review and approve any mediated terms the couple has reached, and the court will need to resolve child custody and child support if applicable to their divorce case.

What to Expect From Your Charlotte Contested Divorce Lawyer

When you choose Plumides, Romano & Johnson, PC, to represent you in a divorce case, you will have a responsive and dedicated legal advocate ready to help you address the most challenging aspects of these proceedings. We have successfully resolved many contested divorce cases for clients throughout the Charlotte area and are ready to leverage this experience in your upcoming case.

We develop an individualized legal strategy for each client we represent. What works for one client may not work for another, and divorce is a deeply personal legal issue for everyone who goes through this experience. Trust our team to help you gather the documentation you will need to provide to complete the process, and we will do everything we can to streamline your proceedings as much as possible.

Our firm can help you identify the greatest areas of concern regarding your divorce. If there are issues on which you and your spouse cannot reach a mutual understanding, we can help you develop a strategy for resolving these issues and assist you in reaching an expedient conclusion to your divorce. You can rely on our team to address any unexpected challenges you encounter as you attempt to resolve your contested divorce in Charlotte.