Uncontested Divorce

Uncontested Divorce

In an uncontested divorce, both parties are able to come to an agreement on all issues surrounding their divorce, including division of property, child support, custody, parenting schedule, and maintenance. It is important to note that in any divorce, an attorney may only represent a single spouse.

An obvious advantage of an uncontested divorce is cost. Uncontested divorces are generally much less expensive than contested divorces. As long as couples are able to agree on the terms of their divorce, fees are minimized through the avoidance of court proceedings. Another advantage of uncontested divorces is the speed at which the process moves as a result of keeping conflict to a minimum and being less dependent on the courts.

The simplicity of uncontested divorces is also one of its most significant disadvantages. The trade off for simplicity and cost savings comes at the expense of being able to fully explore your options for complex custody decisions, property and asset distributions, and maintenance arrangements. Couples with complicated situations or disagreements will likely not be successful with an uncontested divorce. Examples of situations where an uncontested divorce may not be possible is when one spouse makes significantly more money than the other spouse or when a spouse has experienced or is fearful of a domestic violence situation.

Kentucky is a no-fault divorce state, meaning that a divorce can be granted for any reason as long as both parties agree that there has been an irretrievable breakdown of the marriage. 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.

We handle uncontested divorces as a flat fee service to our clients. We’re available to assist clients in negotiating agreements and drafting documents to file with the court. If you are interested in learning more about what Kellner Green can do for you regarding your uncontested divorce case, contact us to set up a free consultation.

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