Contested v Uncontested
One of the first questions people ask when facing a divorce is whether it will be contested or uncontested. The answer has a significant impact on how long the process takes, how much it costs, and how much control you and your spouse have over the outcome.
An uncontested divorce is one where both spouses have already agreed on all the major issues before the divorce is filed. This typically includes how marital property will be divided, whether alimony will be paid, child custody arrangements, and child support. These agreements are usually documented in a separation agreement signed during the separation year.
When everything is agreed upon, the divorce filing itself is straightforward. There is no contested hearing, no trial, and no judge deciding the outcome for you. In Mecklenburg County, an uncontested divorce can typically be finalized within 45 to 90 days of filing.
Faster — typically resolved in weeks rather than months or years
Less expensive — fewer court appearances and less attorney time required
More private — fewer matters decided in open court
Less stressful — you and your spouse control the outcome
Better for children — less parental conflict during the process
A contested divorce is one where spouses cannot agree on one or more significant issues — and need the court to decide for them. The contested issues can include any combination of:
Equitable distribution — how marital property and debts are divided
Alimony — whether support is owed and in what amount
Child custody — where children live and how decisions are made
Child support — how much financial support the non-custodial parent pays
A contested divorce does not necessarily mean the entire case goes to trial. Many cases begin as contested and eventually resolve through negotiation or mediation before a hearing. But the process takes longer and typically involves more legal work.
Required mediation before most contested hearings in NC
Financial disclosure — both parties must provide full documentation of income, assets, and debts
Potentially multiple court hearings on different issues
Timeline of several months to over a year, depending on complexity
Higher legal costs due to court appearances and preparation
Yes — and it happens more often than people expect. A couple may agree on most issues but hit an impasse on one. Or circumstances change during the separation year. Or one spouse discovers financial information that changes the picture. We help clients navigate these situations and protect their interests if the process becomes more complicated than expected.
Absolutely — and this is actually how many divorces resolve. Parties start in disagreement, go through mediation or negotiation, and ultimately reach a settlement that avoids a contested trial. Settling before trial is almost always better for both parties financially and emotionally.
If you and your spouse agree on all major issues — or are willing to work toward agreement — an uncontested divorce is likely the right path. If there are significant disagreements about property, support, or custody, you should expect a more involved process. Either way, having an attorney review your situation before you make decisions protects your rights.
Uncontested Divorce Charlotte, NC
Mediation vs. Litigation in NC Family Law
NC One-Year Separation Requirement
Divorce Attorney Charlotte, NC
Not Sure Which Type of Divorce Applies to You? We Can Help.
If you have questions about your situation, call (704) 610-4795, email info@hefflawpllc.com, or fill out our contact form. We respond within one business day.
Hefferon Law, PLLC serves clients throughout Charlotte, Mecklenburg County, Union County, Cabarrus County, Stanly County, Gaston County, and surrounding communities.