Payne & Associates, PLLC

No matter how it is done, legally dissolving a marriage is rarely an easy process. Each party has invested so much in the relationship that the chances of that relationship being drastically altered without some repercussion are low. However, there are many ways to go about the process of divorce and some options may be better for some couples' situations.

For couples who are both cooperating and are on the same page in regard to their divorce and the different factors regarding their divorce, there are ways of dissolving the marriage that can be more advantageous than others. One such method is known as uncontested divorce.

What is uncontested divorce?

Simply put, uncontested divorce is a process that allows couples who agree on the terms of their divorce to bypass the usual, contested divorce process and to go through a relatively simple legal process than saves considerable time and expense.

Uncontested divorces can be done without any legal representation, but this is not necessarily advised. If a couple decided to have legal representation, they will both need their own representative because a single one cannot represent them both.

Who should get an uncontested divorce?

Only couples who have no disagreements regarding the main issues of their divorce should get an uncontested divorce. Some main issues include,

· Alimony/Spousal support

· Division of property and assets

· Child custody (if there are children involved)

Who should not get an uncontested divorce?

Any couple who has any disagreement regarding their divorce should be wary about considering an uncontested divorce. Additionally, if there is any imbalance of power within the relationship, both sides should have legal representation before getting involved in divorce proceedings.

Uncontested divorce is not the best option for couples who have complex issues regarding their finances, children or property. In these types of situations, mediation may be a better alternative if the couple is amicable.

As with any legal process, there are advantages and disadvantages to uncontested divorce. It can save considerable funds and time, but it is not a decision to be made lightly. If both parties are not entirely secure in their positions, a regular, contested divorce may be better.

Regardless, having the assistance of an experienced and knowledgeable legal professional can make a hugely positive difference for everyone involved. If you find yourself considering any form of divorce, it is suggested that you discuss the matter with a legal professional who specializes in these types of issues.

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Payne & Associates, PLLC
206 North Spruce Street, Suite 1B
Winston Salem, NC 27101

Phone: 336-283-2937
Fax: 336-217-8784
Winston Salem Law Office Map