Contested Divorce

Divorce is almost always a complex and emotionally taxing process. However, when spouses can agree to keep things civil and work on mutually acceptable solutions, getting a divorce can be made much more manageable. On the other hand, in a contested divorce, it can seem as though every issue is a fight, which only adds to your stress and anxiety. However, working with a skilled Charlotte divorce lawyer can reduce the burdens placed on you and help you reach a better end result. At the Olsinski Law Firm, PLLC, our Charlotte contested divorce lawyers are no strangers to litigation. At the same time, we’re also skilled negotiators who have been able to come up with workable solutions that end up with our clients getting what is most important to them.

In the simplest terms, a contested divorce is any divorce in which the divorcing spouses cannot come to an agreement on one or more issues that must be decided before the divorce becomes final. In this way, most divorces start out contested. However, through negotiation, mediation or arbitration, many couples end up creating a marriage that works for both spouses.

There are several issues that courts must decide before finalizing a divorce. And within each of these issues are potentially dozens of smaller issues that can easily become sticking points. However, as a general rule, the issues that are most likely to turn a no-contest divorce into a contested divorce include the following:

North Carolina courts use a method called equitable distribution when dividing up a couple’s assets during a divorce. During this process, courts consider many different factors, such as each spouse’s separate property, inheritances, earning power and education, each spouse’s contributions to the other’s education and career, retirement accounts, and the age and health of the spouses.

Courts prefer to award both parents joint legal custody of any children, meaning each parent will have a say in making important decisions that affect the child’s life. However, typically, a court will award one parent physical custody of the child. This parent determines where the child will live. If the court awards one parent sole legal custody, the other parent will likely obtain visitation rights. The visitation schedule is set by the court after considering the parties’ input.

The court must also determine whether either spouse will be responsible for making child support payments. Child support is almost always awarded, regardless of the court’s custody determinations.

Alimony refers to court-ordered payments from one spouse to the other. The purpose of alimony is to ensure that one spouse is not financially disadvantaged. Typically, alimony payments are intended to give the receiving spouse time to further their education or skills so they can become financially independent. However, on occasion, alimony payments last until one spouse dies or the receiving spouse remarries or begins cohabitating with a new partner.

If you are considering a divorce and believe that you and your spouse will not be able to agree on certain issues, it is important to consult with a Charlotte contested divorce attorney as soon as possible. At the Olsinski Law Firm, PLLC, our divorce lawyers are dedicated to finding solutions that advance our clients’ interests at every stage of the process. Often, we’re able to do this through negotiation; however, as experienced trial lawyers, we will be prepared to take a case to trial when it becomes necessary. To learn more, and to schedule a free consultation with a Charlotte divorce lawyer, give us a call at 704-405-2580. You can also reach one of our Concord family law attorneys at 704-918-4747. We represent clients in Mecklenburg, Gaston, Cabarrus, Iredell, Rowan, and Union Counties.