Category: Uncontested Divorce

How long does it take to get an uncontested divorce in kentucky?

5/23/2022

There are certain minimum waiting periods for all divorces in Kentucky, including uncontested ones. First, either or both of you must have lived in the Commonwealth of Kentucky for at least 180 days prior to the filing of the divorce Petition. There is also a 60-day physical separation period, the starting date of which depends on whether you have minor children. Keep in mind that you can technically still be separated even if you live in the same house. Our office can explain these rules to you during your initial consult.

If you and your spouse agree on all issues, an uncontested divorce may be a viable option for you. Lexington KY Divorce Attorney Breck Norment would be happy to assist in getting you an uncontested divorce. Or, if you are worried about issues, you may not have thought about yet, Lexington KY Divorce Attorney Breck Norment would still be happy to assist. Call Lexington KY Divorce Attorney Breck Norment for a free divorce consultation. He welcomes calls 24/7.

Phone: 859-303-6007

Email: brecknorment@lawyerbreck.com

What happens during an initial consultation with an uncontested divorce attorney?

5/23/2022

During your meeting, we will discuss a variety of issues such as:

Your assets
Your debts
Your spouse’s assets
Your spouse’s debts
Whether children are involved
What joint vs. sole custody means
What parenting time schedule options are out there and what appeals to you
How you want to divide holidays and other special occasions
Whether you and your spouse have discussed child support or other financial arrangements for the support of your children
Whether you and your spouse have attended parenting classes (which is now required in Fayette County divorces involving minor children)
What informal agreements you have reached with your spouse
Whether there are issues that are yet to be addressed between you and your spouse
Whether there are retirement accounts to divide

As you may be able to tell, it can be difficult to achieve an agreement on every issue when there are so many things to sort out. Thus, even if you think you need an uncontested divorce, you should still seek advise with a Lexington KY divorce attorney to be sure that you are making legally sound decisions. Most of your agreements will be spelled out in a formal written agreement, sometimes called a Property Settlement Agreement. This document sets out the rights and obligations of each party moving forward.

A house was purchased by both me and my spouse while we were married. What happens to the house once we are divorced?

5/23/2022

There are generally four options here (there may be others if you are open to creativity):

You can sell the house and divide the proceeds in some way.
You can keep the house, determine what interest your spouse has, and buy him or her out.
Your spouse can keep the house, determine what interest you have, and buy you out.

You can use the house to offset some other asset the other person is keeping.

These kinds of questions are often the subject of mediations and settlement negotiations. Attorney Breck Norment will be able to walk you through each of these options, and help determine what the best route is for you and your spouse. To schedule a free consultation with Lexington KY Attorney Breck Norment, give our office a call at (859) 303-6007, or fill out our Online Contact Form.

Do i need a reason to get divorced in kentucky?

5/23/2022

Nope. If you believe the marriage is “irretrievably broken,” this will generally suffice for purposes of filing a divorce petition in a Kentucky court. Conceivably, if an issue is raised, you could also be required to swear under oath that there is no reasonable prospect of reconciliation, even if the court were to order you to attend marriage counseling with your spouse. Speaking of which, court-ordered marital counseling is not very common and usually only occurs if one spouse asks for it. In other words, Kentucky is generally a “no-fault” state, meaning you do not have to prove either spouse did anything wrong to get a divorce. Pursuant to Kentucky state statutes, fault is only relevant in very limited circumstances in a Kentucky divorce case.

What is a divorce petition?

5/23/2022

In Lexington, KY, a divorce petition is the first document filed in a divorce case in Kentucky. It contains various statutory elements which are required for a Kentucky court to take your divorce case. Before deciding to file for divorce, you owe it to yourself to speak with a Lexington KY Divorce Attorney. You probably have tons of questions, and a Lexington KY Divorce Attorney will best be able to help. If you (or a loved one) are interested in getting a divorce in Lexington, KY (or a nearby county) and need an attorney, call Lexington Divorce Lawyer Breck Norment for a free consultation.

How do i get a divorce in kentucky?

5/23/2022

In Lexington, KY, a divorce can only occur when at least one party believes the marriage is "irretrievably broken". In other words, the party filing for divorce must believe reconciliation is not a viable option. Kentucky, like most other states, also has a residency requirement for obtaining a divorce. Kentucky requires one of the parties to have been a Kentucky resident for at least 180 days prior to the filing of the petition. Kentucky will also maintain jurisdiction in divorce cases when one of the parties has been present in Kentucky by virtue of a military residence for 180 days. KRS 403.140. Keep in mind the divorce petition must also contain numerous other elements to be valid. Finally, various other requirements must be met before a Kentucky court will entertain jurisdiction. If you (or a loved one) are interested in obtaining a divorce in Lexington, KY (or a nearby county), give Lexington Divorce Lawyer Breck Norment a call for a free consultation.

What is the difference between a contested and an uncontested divorce in Kentucky?

5/23/2022

This is a great question because the terms “uncontested divorce” and “contested divorce” are often confused and misused in Kentucky. First and foremost, these terms are not used much, if at all (we have not found any references to it), in Kentucky’s divorce statutes. The terms are, however, often referenced in local rules of the various KY family courts and in the Family Court Rules of Practice and Procedure (FCRPP). To make it more confusing, attorneys and clients often use the terms in different ways. In our office, here’s how we define the two:

We define a true Lexington KY uncontested divorce as one where two parties have agreed on each and every issue that could arise in their case before they ever come to our office. They know how they want their property and debts divided to the penny because they have already discussed the issue together. If the parties have minor children, they come to our office knowing what custody arrangement they want, what parenting time arrangement they want, and what they want to do with regard to supporting the children. They know whether maintenance/alimony is needed and have agreed upon a number and duration. They know how their retirement accounts are to be treated. The client tells us what they want coming out of the divorce, and we draw up all of the paperwork, protect their interests in the drafting, follow the necessary legal procedures, and overall see their case through the Lexington KY divorce process from start to finish. Basically, what makes our role different in an uncontested divorce is that we are not needed for negotiations, we are not called upon to file motions, we are not called upon to assist with resolving any issues, and we are not called upon to go to Court. The advantages to an uncontested divorce are numerous, but most clients appreciate that the process is much quicker and that our legal fees are generally less expensive and more predictable.
It should be noted that an “uncontested divorce” does NOT mean that the parties simply both want to be divorced.
On the other side of the spectrum, we define a contested divorce as one where there are any disputes or disagreements in the process. Contested divorces can involve revisions to agreements, negotiations, formal or informal discovery, mediations, motions, hearings, etc.
It should be noted that contested divorces can range from simple to complex. You might just need a little help discussing your options with regard to parenting time schedules. You might just need us to revise a previously drafted agreement because you and your spouse agreed on something else. Or, you and your spouse could fight over literally every issue possible such as who keeps the CD collection from the ‘90s. The point here is that just because a case is not purely “uncontested” does not mean that your case has to be complicated. There are levels of complication, and you could fall anywhere on the spectrum. Generally speaking, the more you and your spouse agree upon without a Lexington KY lawyer, the lower and more predictable our attorney fees will be in your Lexington KY divorce.

Do I need My Own Attorney for an uncontested divorce?

5/23/2022

It is not unusual for only one party to have a lawyer in a Kentucky divorce case. We have cases like this all the time. That said, keep in mind that no KY lawyer can represent both you and your spouse in the same divorce case. If you hire our office to represent you, we make this very clear to you and your spouse at the outset.

Why is it problematic for your spouse to have an attorney and for you to go without? The attorney representing your spouse must have tunnel vision while representing his or her client. There should obviously be no intent to deceive you by the other lawyer, but at the end of the day, that lawyer may not be able to protect his or her client’s interests and yours simultaneously. In those circumstances, the client comes first. This leaves you vulnerable to unintended consequences of an agreement that you may be otherwise willing to sign. Based on these considerations, the best and safest practice is to hire an attorney of your own who will only be looking out for your interests when preparing documents, reviewing documents drafted by others, and overall representing you. An unintended consequence of an agreement does not always arise, but it is always better to have a lawyer on your side who can try to anticipate and prevent problems rather than reacting to them.

Also keep in mind that if you have any doubt whatsoever, you should hire a Lexington KY lawyer sooner rather than later in the process. If you wait until after you have already signed something and hire an attorney to represent you, he or she may not be able to do you any good. The damage may already be done.

How long does it take to get an uncontested divorce in kentucky?

What happens during an initial consultation with an uncontested divorce attorney?

A house was purchased by both me and my spouse while we were married. What happens to the house once we are divorced?

Do i need a reason to get divorced in kentucky?

What is a divorce petition?

How do i get a divorce in kentucky?

What is the difference between a contested and an uncontested divorce in Kentucky?

Do I need My Own Attorney for an uncontested divorce?

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