How do I Choose Between a Contested and an Uncontested North Carolina Divorce?

In general, an uncontested divorce affords both parties greater control over the terms of their settlement, is less expensive and involves less stress than a contentious courtroom divorce. However, some divorces virtually require judicial intervention. An experienced Raleigh divorce attorney can help you understand the advantages and disadvantages of each type of divorce, based on your unique circumstances.

One way to identify the suitability of an uncontested divorce is to look at the grounds you plan to use to dissolve your marriage. North Carolina General Statutes offer both no-fault and fault-based grounds for divorce. If you and your spouse agree to a no-fault divorce and meet the requirements, you have a good chance of successfully negotiating an uncontested divorce. However, fault-based grounds must cite severe actions against one spouse during the marriage, such as the following:

  • Abandonment
  • Cruel or barbarous treatment that endangers life
  • Rendering indignities to the other party
  • Excessive alcohol or drug use
  • Adultery

Even these circumstances may not totally eliminate the possibility of pursuing an uncontested divorce. For example, if your spouse has remorse and takes action to correct offensive behavior, you may have the ability to forgive, even if you do not want the marriage to continue. However, you need to enter into frank discussions with your divorce lawyer in Raleigh before choosing the option that best protects your rights.

Whenever possible, an experienced divorce lawyer recommends uncontested divorce because of its benefits. You may not believe that you and your spouse have the cooperative spirit needed to work together toward a fair settlement. However, the attorneys at the law firm of Hatch, Little & Bunn, L.L.P. have the skills and experience needed to help clients remain objective, in the interest of achieving their goals. Contact us to learn how we can help.

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