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Contested Divorce

Greensboro Contested Divorce Lawyer

Serving Greensboro & Guilford County Since 2005 With Nearly Three Decades of Family Law Experience

When negotiations break down and a divorce becomes contested, the stakes rise quickly. Property, custody, support, and your financial future all hang in the balance. The procedural demands of a Guilford County contested case leave little room for error. At Roupas Law Firm, PLLC, we’ve guided clients through contested divorces in Greensboro since 2005, bringing a team approach that covers every stage from filing through trial.


Call Roupas Law Firm, PLLC today at (336) 850-5525 or contact us online to schedule a consultation with our contested divorce attorney in Greensboro.


What Is a Contested Divorce?

A contested divorce arises when spouses can’t agree on one or more key issues in dissolving their marriage. Those disputes typically fall into the following categories:

  • Division of Assets and Debts: When spouses disagree on how to divide property, assets, and debts accumulated during the marriage, the divorce becomes contested.
  • Child Custody and Support: Disputes over child custody, visitation rights, and child support are among the most common reasons a divorce is contested.
  • Alimony: When one spouse seeks spousal support and the other disagrees, that disagreement alone can make a divorce contested.
  • Other Marital Property: Disagreements over retirement accounts, insurance, and other marital property can also trigger a contested proceeding.

Any single unresolved issue is enough to make a divorce contested, even when both spouses agree on everything else.

Contested Divorce Requirements in North Carolina

North Carolina is a no-fault absolute divorce state. Under NC Gen. Stat. § 50-6, the standard ground for absolute divorce is one year of continuous separation. This means the spouses have lived physically apart with at least one intending to end the marriage. At least one spouse must also have been a North Carolina resident for a minimum of six months before filing.

There is one additional ground for absolute divorce:

  • Incurable Insanity: Under NC Gen. Stat. § 50-5.1, incurable insanity of one spouse requires three years of separation in addition to proof of the condition.

Adultery, abandonment, and cruel or barbarous treatment are not grounds for absolute divorce in North Carolina. Under NC Gen. Stat. § 50-7, these are grounds for a Divorce from Bed and Board, which is a fault-based court-ordered separation. A Divorce from Bed and Board doesn’t end the marriage, but it can affect alimony and property claims.

How Long Does a Contested Divorce Take in North Carolina?

There’s no single answer, because duration depends on case complexity, Guilford County’s court docket, and how willing both parties are to cooperate. What’s consistent is that contested divorces take meaningfully longer than uncontested ones. The process moves through several stages: filing the complaint, service of process, discovery, negotiations, hearings, and potentially trial. Each of these stages adds time.

One deadline cuts across all of that: claims for equitable distribution, alimony, and post-separation support must be raised before the divorce is finalized. Miss that window, and those claims are permanently waived under NC Gen. Stat. § 50-11(c). It’s one of the most consequential procedural traps in a North Carolina contested divorce.

How Roupas Law Firm, PLLC Handles Your Contested Divorce

A contested divorce in Guilford County demands attention at every procedural stage. From the initial filing through negotiation, mediation, and courtroom litigation, our team works to avoid missed deadlines or overlooked details. Attorney Thomas F. Roupas Jr. has been active in the legal field since 1997, and our firm has handled family law matters throughout Greensboro and the surrounding Triad area since 2005.

What We Do Across the Life of Your Case

In a contested divorce, the work goes well beyond filing paperwork. Depending on the case, we may need to subpoena financial records, evaluate a spouse’s ability to pay spousal support, seek temporary orders for interim custody or asset preservation, prepare for depositions, and represent you at hearings or trial. Our team approach means the full scope of your case is managed with consistency from start to finish.

Frequently Asked Questions About Contested Divorce in Greensboro

1. What’s the difference between a contested and an uncontested divorce? In a contested divorce, spouses can’t agree on key issues: property, alimony, and child custody. The court steps in to resolve them. In an uncontested divorce, both parties agree on all terms, which allows for a faster, more straightforward process.

2. What happens if my spouse doesn’t respond to the divorce petition? If your spouse fails to respond, the court may enter a default judgment.

3. Can the terms of a contested divorce be changed after the final judgment? Final divorce terms are generally fixed, but a substantial change in circumstances, such as a significant shift in income or living conditions, can support a petition to modify child support or custody arrangements.

4. Will I need to testify in a contested divorce? Possibly. If your case goes to trial, testifying may be necessary to present evidence on property division, custody, or other disputed issues. Our team prepares clients for that process well in advance.

5. How does a court decide child custody in a contested divorce? North Carolina courts determine custody based on the best interests of the child. Judges weigh each parent’s relationship with the child, each parent’s ability to provide a stable environment, the child’s emotional needs, and any history of abuse or neglect.

6. Can I get a divorce if my spouse refuses to sign the papers? Yes. North Carolina allows you to proceed with a divorce even without your spouse’s agreement, as long as you meet the state’s residency and one-year separation requirements.


Call Roupas Law Firm, PLLC today at (336) 850-5525 or contact us online to schedule a consultation with our contested divorce attorney in Greensboro.


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