Uncontested Divorce
In an uncontested divorce, the parties agree on all issues surrounding their divorce, including division of property, child support, custody, parenting time, 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. If couples are able to agree on the terms of their divorce, fees are minimized through the avoidance of court proceedings, mediation, and involvement of third-party professionals. Another advantage of uncontested divorces is the speed at which the process moves.
The simplicity of uncontested divorces is also one of its most significant disadvantages. The tradeoff 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, debt allocation, 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 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 commences and service is complete to conclude their case.
We assist clients in negotiating agreements and drafting documents to obtain an uncontested divorce. It is imperative that you have a skilled and experienced advocate to assist you in navigating an uncontested divorce to ensure that the end result is fair to you. 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 consultation.