Contested Divorce

Contested Divorce

A divorce is considered contested when both parties are unable to agree on one or more issues, such as child custody, child support, property distribution, asset distribution, debt allocation, and maintenance. Even though both parties may agree that they want a divorce, both parties must be in absolute agreement on all issues.

When an agreement on the terms and conditions of a divorce cannot be reached, it may be necessary to seek court intervention. In Kentucky, the court will likely refer both parties to mediation. Mediation is the process in which both parties appear before an impartial third party, known as a mediator, who will help both parties resolve any outstanding issues that are preventing them from ending their marriage in the most amicable and cost effective manner possible. The job of the mediator is to keep the lines of communication open between both parties and to assist in the decision making process.

If the parties are unable to come to an agreement after mediation, the case will be scheduled for a hearing and/or trial for each party to present their arguments to the judge. Once the judge hears the case, he or she will make findings of fact and conclusions of law to resolve any outstanding issues. The length of time this requires varies based on the number and complexity of the unresolved issues as well as the parties willingness to compromise.

Kentucky is a no-fault divorce state, meaning that a divorce can be granted for any reason regardless of fault. However, fault may be considered by the court as a factor when dividing property assets or awarding maintenance. To be granted a divorce in Kentucky, one party must have been a resident of the state for at least 180 days before filing a divorce petition and the parties must have been separated for at least 60 days before a divorce can be granted. If there are minor children involved, the parties must attend a divorce education class and must wait 60 days after the divorce action is officially started.

Contested divorces make an already emotional and stressful situation even more difficult. We rely on our extensive experience to provide strong representation in contested divorce cases and will ensure your rights and financial interests are safely guarded for your future well being.

If you are interested in learning more about what Kellner Green can do for you regarding your contested divorce, contact us to set up a free consultation.

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