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Contested Divorce

Charlotte Contested Divorce Lawyers

Skilled legal help when you’re seeking a contested divorce in North Carolina

Facing a contested divorce, where you and your spouse disagree about property, custody, support, or other key issues, can feel overwhelming. It often means going in front of a judge to decide what’s fair. At Epperson Law Group, PLLC, our Charlotte attorneys understand how emotionally and financially complex these cases can be. We're here to help you work through this difficult time with clear, aggressive legal support and honest guidance every step of the way.

In North Carolina, divorce is legally allowed even if one spouse objects, thanks to the no-fault law that bases divorce solely on living apart for at least one year. But when disagreement arises over problems like child custody, dividing assets, or spousal support, that's when a contested divorce begins. Whether you're trying to protect your finances, your rights as a parent, or your future, our experienced team provides the skilled representation you need in court, mediation, or negotiation to reach the best possible outcome.

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Understanding grounds for divorce in North Carolina

In North Carolina, there are two types of divorce: absolute divorce and divorce from bed and board, and each has its own legal requirements.

Absolute divorce is the legal end of a marriage. The good news? North Carolina is a no-fault divorce state, which means you don’t have to prove that anyone did something wrong to get divorced. The most common ground is living separate and apart for at least one year, with at least one spouse intending the separation to be permanent. The only other ground for absolute divorce is if one spouse has been diagnosed with incurable insanity and the couple has lived apart for at least three years.

On the other hand, divorce from bed and board is different. It's not a full divorce but a court-ordered legal separation. This type of divorce requires one spouse to prove “fault,” like abandonment, adultery, cruel treatment, excessive drug or alcohol use, or making life intolerable.

At Epperson Law Group, PLLC, we help you understand your options and file the right kind of divorce for your situation. Whether your case is simple or complex, we’re here to protect your rights and guide you through the process.

What is a contested divorce?

A contested divorce happens when spouses can’t agree on one or more key issues, like child custody, property division, spousal support, or even the divorce itself. Unlike an uncontested divorce, where both parties work together to reach an agreement, a contested divorce often requires a judge to make the final decisions.

In North Carolina, you can still file for divorce after living separately for one year, even if your spouse doesn't want the divorce. But if there’s disagreement about how to split things up (like who gets the house, how much support should be paid, or how parenting time is shared), then the case becomes contested. These cases can involve multiple court hearings, evidence, and sometimes mediation before a trial.

Our Charlotte contested divorce lawyers know how to fight for what matters most to you. We’re here to help you build a strong case, protect your interests, and work toward the best possible outcome, whether that means negotiating a fair settlement or going to court.

Understanding the contested divorce process

When spouses can’t agree on important issues like child custody, property division, or spousal support, the divorce becomes contested, and that means the court gets involved. The contested divorce process in North Carolina can take time, but with the right legal support, you can move through it with clarity and confidence.

It usually begins with one spouse filing a divorce complaint in the appropriate county. After the other spouse is served with the paperwork, they have the chance to respond. From there, both sides may exchange financial documents, evidence, or witness information during a phase called discovery. Mediation is often required, especially in custody cases, to give both parties a chance to settle outside of court. If that doesn’t work, the case goes to trial, where a judge makes the final decisions on the unresolved issues.

Our Charlotte contested divorce lawyers guide you through every step. We help you prepare your case, protect your rights, and fight for the best results, whether in negotiations or the courtroom.

When is a contested divorce necessary?

A contested divorce becomes necessary when you and your spouse cannot agree on one or more major parts of the divorce process. This doesn’t mean you’re fighting about everything. It just means there’s at least one issue that needs to be resolved in court. Contested divorces are more common than people think, especially when emotions are high or when there’s a lot at stake.

You may need a contested divorce in North Carolina if you and your spouse disagree on any of the following:

  • Who the children will live with, how much time each parent gets, and who makes major decisions for the kids.
  • Disputes over who gets the house, cars, retirement accounts, or other shared assets.
  • Arguments about who should pay which bills or credit card balances after the divorce.
  • If one spouse wants financial support and the other refuses, or if you disagree on the amount or duration.
  • Disagreements over how much child support should be paid or how it should be calculated.
  • In rare cases, one spouse may not agree that the separation happened or may try to stop the divorce.

Contested divorces often involve more paperwork, legal strategy, and courtroom appearances. But in many cases, they’re necessary to ensure that your voice is heard and your rights are protected. At Epperson Law Group, PLLC, our Charlotte contested divorce lawyers have the experience to help you navigate even the most complicated and emotional situations. We fight to protect your future and work hard to reach a fair outcome, whether through negotiation, mediation, or litigation. If you’re facing conflict in your divorce, we’re here to stand by you.

Who is eligible to file for divorce in North Carolina?

In North Carolina, the process for filing for divorce is pretty straightforward. However, there are a couple of key requirements you must meet first. If you're thinking about ending your marriage, it's important to understand whether you're eligible under state law. To file for an absolute divorce in North Carolina, you must meet the following conditions:

  • You or your spouse must have lived in North Carolina for at least six months before filing the divorce complaint. This is called the residency requirement.
  • You and your spouse must have lived separate and apart for at least one full year. That means physically living in different homes (not just separate bedrooms) with at least one person intending for the separation to be permanent.
  • You do not have to prove fault, like cheating or abuse, to get divorced. North Carolina is a no-fault divorce state, which means the one-year separation is enough grounds for divorce.

If you meet these basic requirements, you're eligible to file. But every case is different, especially when it comes to things like property division or custody. That’s why having legal guidance matters.

Our Charlotte divorce lawyers can help you understand your rights, prepare your case, and make sure everything is done correctly, so you can move forward with confidence.

Never undergo a contested divorce alone

A contested divorce is more than just a legal process. It’s a deeply personal and often emotional journey that can affect every area of your life. When you and your spouse can’t agree on major issues like child custody, asset division, or spousal support, it can feel like everything is up in the air. The stress of court deadlines, legal filings, and tough conversations can become overwhelming, especially when you're already dealing with the emotional weight of ending a marriage.

Trying to handle a contested divorce on your own puts you at a serious disadvantage. Without the right legal guidance, you might unknowingly give up important rights or accept terms that hurt your financial future or parenting relationship. That’s why it’s so important to have a dedicated legal team by your side; one that understands North Carolina’s divorce laws and knows how to advocate for your best interests.

At Epperson Law Group, PLLC, we help you make smart decisions during a stressful time. Our Charlotte contested divorce lawyers have decades of experience navigating complex divorces, from high-asset property cases to difficult custody battles. We take the time to understand your goals and concerns, create a strong strategy tailored to your situation, and stand up for you every step of the way, whether through negotiation, mediation, or litigation. You don’t have to face this alone. Let us help you protect what matters most and move toward a stronger, more stable future.

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Do you have a Charlotte contested divorce lawyer near me?

Our Charlotte office is located at 10851 Sikes Place, Charlotte, NC 28277. We’re right off the NC-16. Our team is available for appointments, telephone calls, and Zoom video consults.

Charlotte contested divorce attorneys working for you and your family

If you’re facing a contested divorce in Charlotte, it’s essential to have skilled legal support by your side. At Epperson Law Group, PLLC, we understand how stressful and complex these cases can be, and we’re committed to guiding you through every step of the process with knowledge, care, and determination. Whether you’re dealing with child custody disputes, property division, or spousal support battles, our experienced family law attorneys will fight to protect your rights and secure the best possible outcome for you and your family. Don’t wait. Contact us today to schedule a confidential consultation and take the first step toward resolving your divorce with confidence and peace of mind. To reserve your consultation at one of our offices in Charlotte, Boone, or Weddington, please call our offices or fill out our contact form