What is a contested divorce? In essence, a contested divorce is one in which the spouses disagree on some aspect of the divorce. This can be a disagreement over any of the issues that couples commonly confront during the divorce process, including property distribution, alimony, child support, or child custody, to name a few.
If you’re contemplating divorce, you may feel a little overwhelmed by this term and all that it means – and by all of the other various legal terms that you hear being thrown around. That’s understandable. The law can often seem complicated and confusing.
You may wonder – is a contested divorce the same as a “fault” or a “no-fault” divorce? What happens if your divorce is “contested” – and what if it isn’t? How long will it take to resolve a contested divorce? What options do you have to do so? These are all reasonable questions to ask. Let’s take a closer look at the law together.
Fault or No Fault?
Sometimes, people confuse the term “contested” divorce with the terms “fault” and “no-fault.” That’s understandable – but it’s essential to understand that these are separate and distinct concepts in the law.
“Fault” or “No-Fault” is a concept that centers on whether or not one party has engaged in some misconduct that is to “blame” for the end of the marriage. Historically, all states required that there be some “reason” for the end of the marriage, and that was generally needed to be misconduct on the part of one spouse, whether that be an affair, an addiction, abusive behavior, or other factors.
Today, most states no longer require “fault” as the reason for the end of the marriage. Most states, including North Carolina, recognize that sometimes, for any number of reasons, people grow apart, and no one is to blame. While a court may still consider fault in awarding spousal support or addressing other issues, it is typically not required for the divorce itself to proceed.
Thus, a contested divorce could be a fault or a no-fault divorce, depending on the circumstances. Regardless of the particular “reason” for the divorce, the parties may still have issues about which they disagree. Indeed, two spouses could disagree about the reason for the divorce – and in fact, one spouse may not want the divorce. So that could be one aspect of “contesting” the divorce – but it can extend to many issues beyond just the fact of the divorce itself.
How Long Will It Take to Resolve a Contested Divorce?
There is, unfortunately, no standard answer to this question. Prior to litigating their issues in a courtroom, the parties may attempt to resolve those issues on their own first. The good news is that today, there are more options than ever. Some of these include:
- Mediation: Mediation is an out-of-court settlement process that typically consists of the couple and often their respective attorneys meeting with a neutral third party called a mediator. The mediator will usually help the parties work through their issues by understanding each party’s goals and encouraging the couple to communicate openly and cooperate to resolve those issues.
- Arbitration: Arbitration is a settlement method hybrid of mediation and litigation in a courtroom. Specific procedural rules must be followed, and an arbitrator ultimately decides. Still, the parties have more freedom and flexibility during the process than in a courtroom setting.
- Collaborative Law: Collaborative Law is a newer out-of-court settlement option that has become increasingly popular recently. The parties and their attorneys meet in a neutral out-of-court setting. At the outset, the parties agree to follow specific rules of the collaborative law process. If the parties cannot resolve their issues, both attorneys will withdraw from the case rather than go to court and engage in litigation. In many respects, collaborative law is similar to mediation insofar as open communication and compromise are encouraged. No mediator is present, however, and the parties will ultimately craft an agreement with the assistance and advice of their attorneys.
Choosing one of these out-of-court options for resolving their issues gives the couple the maximum amount of freedom and flexibility to find the solutions that truly work best for their family. These options often save a great deal of time and money and reduce stress for everyone involved.
If the parties can agree on their own and negotiate cooperatively, the contested issues can often be resolved quickly and effectively. On the other hand, litigation may be time-consuming and expensive if the parties choose to go to court. Litigation is a complicated and lengthy process, not to mention waiting for the busy court system to process and hear your case.
For those interested in saving time and reducing stress during a contested divorce, exploring some of the out-of-court settlement options may be the best choice if it’s possible to do so. Regardless of your choice, the first step should be consulting an attorney who knows and understands the law and can guide you effectively through the process. At The Law Office of Dustin McCrary, we’re here for you.
The Law Office of Dustin McCrary – Always Here For You
At The Law Office of Dustin McCrary, we understand that divorce is more than just a legal process – it’s a journey. Like all journeys, there will be twists and turns and sometimes obstacles on your path. It won’t always be easy – but it can be worth it. And it won’t be a journey that you have to make alone. We’re here to walk with you every step of the way. We understand every aspect of divorce law and are passionate about helping our clients through this challenging chapter with the support and expert representation they need. You deserve nothing less. If you’re ready to get started, give us a call today.
We look forward to helping you soon.