What Options Do I Have for Handling My Divorce in North Carolina?

Divorce is often a difficult, lengthy, and expensive process. However, there are various ways to approach it that can influence the duration, cost, and emotional toll. At Epperson Law Group in Charlotte, we understand that every divorce is unique, and we are committed to helping our clients explore their options. Whether you’re seeking a faster, more cost-effective resolution or need to understand when a simpler route might not be possible, we can help you work through your choices.

Understanding the different approaches to divorce

Before diving into specific options, it’s essential to understand that divorce is not a one-size-fits-all process. The method you choose to handle your divorce will depend on your circumstances, including the nature of your relationship with your spouse, your financial situation, and the presence of any children. Here are the primary approaches to divorce:

• Uncontested divorce: This is often the fastest and least expensive option, where both parties agree on all major issues, such as asset division, child custody, and support.
• Mediated divorce: In this approach, a neutral third party (the mediator) helps both spouses negotiate and agree on the terms of their divorce.
• Collaborative divorce: This is a cooperative process where both parties and their attorneys commit to resolving issues without going to court, focusing on negotiation and compromise.
• Contested divorce: When spouses cannot agree on one or more issues, the case may go to court, where a judge will make the final decisions. This option is usually the most time-consuming and expensive. It’s also worth noting that parties cannot contest the actual divorce, as the only requirement in the process is that the parties live separately for at least one year.

Uncontested divorce: A faster, less expensive option

One of the most efficient ways to handle a divorce is through an uncontested divorce. This option can save you time, money, and emotional energy by minimizing legal proceedings and court involvement. Here are some basics about uncontested divorce.

What is an uncontested divorce?

An uncontested divorce occurs when both spouses agree on all significant aspects of the divorce, including:

• Property division: The spouses agree on how to divide marital assets and debts.
• Child custody and support: The spouses agree on custody arrangements, visitation schedules, and child support payments.
• Alimony: The spouses agree on whether alimony will be paid, the amount, and the duration.

Because the parties are not disputing these issues, they are able to streamline the divorce process, reducing the need for multiple court appearances and extensive legal fees.

Advantages of uncontested divorce

Uncontested divorce provides several advantages, including:

• Speed: Without the need for prolonged negotiations or court battles, it is possible to finalize an uncontested divorce relatively quickly. In some cases, it may take as little as a few months to complete.
• Cost-effective: Since both parties agree on the terms, the legal fees are generally lower.
• Less stressful: The cooperative nature of an uncontested divorce can reduce the emotional strain on both parties. There’s less conflict and fewer opportunities for disagreements to escalate.
• Privacy: Uncontested divorces are often handled outside of the courtroom, which can help maintain privacy. The details of your divorce are less likely to become part of the public record.

The uncontested divorce process

The process for an uncontested divorce typically involves the following steps:

• Filing a divorce petition: One spouse files a petition for divorce, stating that the marriage is irretrievably broken and that both parties agree on the divorce terms.
• Settlement agreement: Both parties work together, often with the assistance of their attorneys, to draft a settlement agreement that outlines the terms of the divorce. This agreement must be comprehensive, covering all relevant issues such as asset division, custody, and support.
• Review by the court: The settlement agreement is submitted to the court for review. The judge will ensure that the agreement is fair and meets legal standards.
• Finalizing the divorce: If the judge approves the settlement agreement, a divorce decree will be issued, officially ending the marriage.

When uncontested divorce is not an option

While an uncontested divorce can be an ideal solution for many couples, it’s not always possible. Here are some scenarios where an uncontested divorce may not be feasible:

• Disagreements over key issues: If you and your spouse cannot agree on significant matters such as child custody, alimony, or asset division, an uncontested divorce is not an option. Disagreements on even one issue can lead to a contested divorce.
• Power imbalance: In cases where one spouse has significantly more power or control in the relationship, an uncontested divorce may not be fair. The less powerful spouse may feel pressured to agree to terms that are not in their best interest.
• Domestic violence or abuse: If there is a history of domestic violence or abuse, it may not be safe or advisable to negotiate directly with your spouse. In such cases, the court’s involvement is necessary to ensure that the divorce terms are just and that the safety of all parties is prioritized.
• Complex financial situations: If your marital assets are particularly complex, involving businesses, multiple properties, or intricate financial holdings, it may be difficult to agree on a fair division without extensive legal and financial advice. This can lead to a contested divorce.

Mediated divorce: A collaborative approach

When an uncontested divorce is impossible due to disagreements, but both parties are still willing to work together, a mediated divorce might be a viable option. Mediation allows couples to resolve their issues with the help of a neutral third-party mediator.

What is mediation?

Mediation is a process where both spouses meet with a mediator who helps them negotiate and resolve their disputes. The mediator does not make decisions for the couple but facilitates communication and guides them toward a mutually acceptable agreement.

Advantages of mediation

Mediation has the following advantages:

• Control: Mediation allows both parties to retain control over the outcome. Unlike a judge, the mediator does not impose a decision; instead, the couple works together to reach an agreement.
• Confidentiality: The mediation process is private, and the details of the discussions are not part of the public record.
• Cost and time savings: Mediation is typically less expensive and faster than going to court, as it avoids lengthy litigation.

The mediation process

The mediation process generally involves the following steps:

• Selecting a mediator: Both parties agree on a mediator who is experienced in family law. The mediator should be neutral and not favor either party.
• Initial meeting: The mediator meets with both parties to discuss the process and establish ground rules. This includes agreeing on how to handle discussions and what issues must be resolved.
• Negotiation sessions: The couple meets with the mediator for a series of sessions to negotiate the terms of their divorce. The mediator helps facilitate communication and resolve disputes.
• Drafting the agreement: Once an agreement is reached, the mediator helps draft a settlement agreement that outlines the terms of the divorce. This agreement is then reviewed by the couple’s attorneys.
• Court approval: The final agreement is submitted to the court for approval. If the court finds the agreement fair and reasonable, it will issue a divorce decree.

When mediation may not work

Mediation requires a willingness to cooperate and compromise. It may not be effective in the following situations:

• High conflict: If the relationship between the spouses is highly contentious, mediation may not be successful. High levels of anger, resentment, or mistrust can make it difficult to negotiate effectively.
• Power imbalances: Similar to uncontested divorces, if there is a significant power imbalance, one spouse may dominate the process, leading to an unfair agreement.
• Involvement of domestic violence: Mediation is generally not recommended in cases involving domestic violence, as the victim may feel pressured or unsafe during the process.

Collaborative divorce: A team-oriented process

Collaborative divorce is another option for couples who want to avoid court but require more structure and support than mediation offers. In a collaborative divorce, both parties work with their attorneys and other professionals, such as financial advisors and child specialists, to negotiate the terms of their divorce.

What is collaborative divorce?

Collaborative divorce is a structured process where both parties agree to resolve their disputes outside of court. They each hire attorneys trained in collaborative law, and all parties sign an agreement committing to the collaborative process. If the process fails and the case goes to court, both attorneys must withdraw, and the parties must hire new representation.

Advantages of collaborative divorce

Collaborative divorce has several advantages:

• Support from professionals: Collaborative divorce often involves a team of professionals who can provide advice on financial, emotional, and legal matters.
• Customized solutions: The process allows for creative and customized solutions that might not be available in a traditional court setting.
• Commitment to resolution: Because both parties and their attorneys are committed to resolving the case without litigation, there is often a higher level of cooperation and willingness to compromise.

The collaborative divorce process

The process typically includes:

• Initial agreement: Both parties sign a participation agreement, committing to the collaborative process and agreeing not to go to court.
• Team meetings: The couple, their attorneys, and other professionals meet regularly to discuss and negotiate the divorce terms. These meetings focus on finding mutually acceptable solutions.
• Drafting the settlement: Once an agreement is reached, the attorneys draft a settlement agreement that is reviewed and signed by both parties.
• Court approval: The final agreement is submitted to the court for approval, and if accepted, the divorce is finalized.

When collaborative divorce may not be suitable

Collaborative divorce may not be the best option in the following circumstances:

• Lack of trust: If there is a significant lack of trust between the parties, working together effectively in the collaborative process may be challenging.
• Financial constraints: Collaborative divorce, which involves multiple professionals, can be more expensive than mediation. If cost is a concern, this may not be the best option.
• Risk of litigation: If the case is highly likely to end up in court, the collaborative process may not be advisable, as both parties will need to hire new attorneys if the process fails.

Contested divorce: When agreement is not possible

Finally, when none of the above options are feasible, a contested divorce may be necessary. In a contested divorce, the court intervenes to resolve disputes between the parties.

What is a contested divorce?

A contested divorce occurs when the spouses cannot agree on one or more key issues, such as child custody, property division, or spousal support. The case goes to court, where a judge can make the final decisions.

The contested divorce process

The contested divorce process is more complex and involves:

• Filing a divorce petition: One spouse files a petition for divorce, and the other spouse is served with the papers.
• Discovery: Both parties gather and exchange information related to assets, income, and other relevant issues.
• Negotiation and settlement: Even in a contested divorce, there is often an attempt to settle some or all issues before going to trial.
• Trial: If the parties cannot reach an agreement, the case goes to trial, where a judge hears evidence and makes decisions on the disputed issues.
• Appeal: If either party is dissatisfied with the judge’s decision, they may be able to appeal the ruling.

When contested divorce is necessary

A contested divorce may be unavoidable in the following situations:

• Serious disagreements: If the spouses cannot agree on critical issues, a judge may need to intervene to ensure a fair resolution.
• Complex financial issues: When the marital estate is large or complex, a contested divorce may be necessary to ensure that all assets are properly valued and divided.
• Child custody disputes: If there is a disagreement over child custody or visitation, the court may need to step in to determine what is in the best interest of the children.

If you’re facing a divorce and unsure of the best path forward, Epperson Law Group is here to help you explore your options and find the right approach for your situation. Whether you’re looking for a quicker, more affordable resolution or need legal guidance in a contested case, our experienced family law attorneys are ready to support you every step of the way. Please call our office or submit our contact form to schedule a case evaluation today. Our team is located in Charlotte, Concord, Weddington, and Boone for your convenience.