Contested Divorce

Charlotte Contested Divorce Attorneys

Helping Clients in Mecklenburg County & the Surrounding Areas

When a couple decides to end their marriage, they may be able to do so amicably. In other cases, however, the couple may not agree on the terms of their divorce. When this happens, the divorce is considered to be contested. A contested divorce can be a complex and contentious process, but it does not have to be. With the help of an experienced attorney, you can navigate the process and work to achieve a favorable outcome.

At the Law Office Of Montgomery and Hart, PLLC, we have been helping clients in Charlotte and the surrounding areas with their contested divorces for over 40 years. We understand the challenges you are facing and are here to provide the compassionate guidance you need. Our attorneys will work with you to understand your goals and develop a strategy to achieve them. We will fight to protect your rights and interests at every turn.

Do you need help with a contested divorce in Charlotte? Call us at (980) 243-4470 or contact us online to schedule a consultation with our team today.

What Is a Contested Divorce?

A contested divorce is one in which the couple does not agree on the terms of their divorce. This can include issues such as property division, child custody, child support, and alimony. In some cases, the couple may not agree on whether or not to get a divorce at all. When a divorce is contested, the couple will need to go to court to have a judge decide the terms of their divorce.

Some of the most common issues that lead to a contested divorce include:

When a couple cannot agree on these issues, they will need to go to court to have a judge decide for them. This can be a lengthy and expensive process, but it is often necessary to ensure that your rights and interests are protected.

How Long Does a Contested Divorce Take?

Another common question we receive from clients is how long a contested divorce will take. Like the cost, the length of a contested divorce will depend on a variety of factors. In some cases, a contested divorce can be resolved in a matter of months. In other cases, it can take years to resolve the issues involved.

Some of the factors that can impact the length of a contested divorce include:

  • The complexity of the issues involved
  • The willingness of the parties to work together
  • Whether or not the case goes to trial
  • The court's schedule

When you meet with an attorney, they can help you understand the timeline you may face and develop a strategy to help you achieve your goals in a timely manner.

What Are the Steps in a Contested Divorce?

The process of getting a contested divorce can be complex and time-consuming. It is important to work with an experienced attorney who can help you navigate the process and protect your rights and interests at every turn.

The steps in a contested divorce include:

  1. Filing a complaint: The first step in getting a contested divorce is to file a complaint with the court. The complaint will outline the issues you and your spouse do not agree on and what you are asking the court to do. You will also need to pay a filing fee when you file your complaint.
  2. Serving your spouse: After you file your complaint, you will need to serve your spouse with a copy of the complaint. This can be done by a sheriff or a private process server. You will need to pay a fee to have your spouse served.
  3. Answering the complaint: After your spouse is served, they will have a certain amount of time to file an answer to your complaint. In their answer, they will outline the issues they do not agree on and what they are asking the court to do. If your spouse does not file an answer, you may be able to get a default judgment.
  4. Discovery: After your spouse files an answer, you will need to go through the discovery process. This is when you and your spouse will exchange information and documents related to your case. You may also need to answer written questions and give a deposition.
  5. Mediation: After discovery, you and your spouse will need to go to mediation. This is when you will work with a neutral third party to try to resolve the issues you do not agree on. If you are able to reach an agreement, you will not need to go to trial.
  6. Pretrial conference: If you are not able to reach an agreement in mediation, you will need to go to a pretrial conference. This is when you and your spouse will meet with the judge to discuss the issues you do not agree on and what you are asking the court to do. The judge may also make recommendations for how to resolve the issues.
  7. Trial: If you are not able to reach an agreement in the pretrial conference, you will need to go to trial. This is when you and your spouse will present evidence and arguments to the judge. The judge will then make a decision on the issues you do not agree on.
  8. Appeal: If you are not happy with the judge's decision, you may be able to appeal. This is when you ask a higher court to review the judge's decision. You will need to file an appeal within a certain amount of time after the judge's decision.

When you meet with an attorney, they can help you understand the steps you may face and develop a strategy to help you achieve your goals.

What Is the Difference Between a Contested Divorce and an Uncontested Divorce?

When a couple decides to end their marriage, they may be able to do so amicably. In other cases, however, the couple may not agree on the terms of their divorce. When this happens, the divorce is considered to be contested. A contested divorce can be a complex and contentious process, but it does not have to be. With the help of an experienced attorney, you can navigate the process and work to achieve a favorable outcome.

Some of the key differences between a contested divorce and an uncontested divorce include:

  • Agreement: In an uncontested divorce, the couple agrees on the terms of their divorce. In a contested divorce, the couple does not agree on the terms of their divorce.
  • Process: In an uncontested divorce, the couple can file a joint petition for divorce. In a contested divorce, the couple will need to go to court to have a judge decide the terms of their divorce.
  • Time: An uncontested divorce can be resolved in a matter of weeks. A contested divorce, on the other hand, can take months or even years to resolve.
  • Cost: An uncontested divorce is generally much less expensive than a contested divorce. A contested divorce can cost thousands of dollars.

When you meet with an attorney, they can help you understand the differences between a contested divorce and an uncontested divorce and help you determine which option is right for you.

How to Prepare for a Contested Divorce

When you are getting a contested divorce, it is important to be prepared. This can help you avoid costly mistakes and protect your rights and interests at every turn.

Some of the steps you can take to prepare for a contested divorce include:

  • Get your finances in order: One of the most important things you can do to prepare for a contested divorce is to get your finances in order. This includes gathering all of your financial documents, such as bank statements, tax returns, and pay stubs. You should also make a list of all of your assets and debts.
  • Make a plan for your children: If you have children, you will need to make a plan for their care and support. This includes deciding where they will live and how much time they will spend with each parent. You will also need to decide how much child support will be paid.
  • Consider your goals: Before you file for divorce, you should consider what you hope to achieve. This includes what you want to happen to your assets and debts and how much alimony you want to receive. You should also consider what you want to happen to your children.
  • Consult with an attorney: One of the most important things you can do to prepare for a contested divorce is to consult with an experienced attorney. They can help you understand your rights and options and develop a strategy to help you achieve your goals.

When you meet with an attorney, they can help you understand the steps you can take to prepare for a contested divorce and help you develop a strategy to help you achieve your goals.

How Our Charlotte Contested Divorce Lawyers Can Help

At the Law Office Of Montgomery and Hart, PLLC, we understand the challenges you are facing and are here to help. Our attorneys will work with you to understand your goals and develop a strategy to achieve them. We will fight to protect your rights and interests at every turn and work to achieve a favorable outcome in your case.

Do you need help with a contested divorce in Charlotte? Call us at (980) 243-4470 or contact us online to schedule a consultation with our team today.

Why Choose us?
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