Uncontested Divorce Attorney Lexington KY
Lexington KY divorces don’t have to be difficult. In some divorce cases, both parties are agreeable on all issues. Kentucky attorneys and courts often refer to these types of divorce cases as “uncontested divorces."
What is the difference between an uncontested divorce in Kentucky and a contested divorce in Kentucky?
Contact Uncontested Divorce Attorney Breck Norment in the Contact Form below.
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 Kentucky 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 Kentucky 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 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 an attorney for my uncontested divorce in Kentucky?
Just because you think your case will be uncontested, it is still important to have an attorney. We often meet with folks who have attempted to prepare complicated legal documents on their own without hiring an attorney. Failing to use an attorney at the beginning of your case can lead to calamity, unintended consequences of your divorce, and more attorney fees in the future. Moreover, we often find that pro se litigants are missing important documents – and since the Court cannot give legal advice, they are stuck with a half-finished case without direction for finishing it. They find themselves stuck in “divorce quicksand.” Don’t put yourself in this position. Our office offers free consultations, and we have uncontested divorce attorneys ready to schedule a meeting with you.
What happens during an initial consultation with a Kentucky uncontested divorce attorney?
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
How long does it take to get an uncontested divorce in kentucky?
An uncontested divorce has the advantage of reducing the time and expense associated with seeking a divorce. With the help of a Lexington divorce lawyer, the entire process can take as little as a few months. Before a judge will sign the final divorce decree, the parties must have been separated for at least 60 days. If the parties do not have minor children, the 60 days begins upon the actual date of separation. If the parties have minor children, the 60 days begins upon the date of service of summons, the appointment of a warning order attorney, the filing of an entry of appearance, or the date a responsive pleading by the respondent is filed, whichever occurs first. See KRS 403.044.
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.
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.
Can my spouse and I still be physically separated if we continue to live under the same roof?
Yes. Physical separation does not require that the parties live in separate homes – in fact, many divorcing parties continue to remain in the same home during the divorce process. However, the parties cannot have sexual relations during their period of separation.
What about the children? Would an uncontested divorce be easier on my kids?
Divorce is a difficult time for any family, but generally speaking, we believe uncontested divorces in KY are easier on the family as a whole – and especially easier on the children. Routines established throughout the marriage are disrupted and children are forced to adapt to changing circumstances. However, it is possible to make this transition smoother. Creating a fair and equitable timesharing and custody arrangement, which prioritizes the best interests of the children, is critical. Hiring a Lexington divorce attorney to draft a custody and timesharing arrangement can create stability in an a potentially destabilizing moment.
In addition, basic and advanced co-parenting classes are offered by agencies in Kentucky to ensure both parties in a divorce understand how to support the children and resolve disputes in a healthy way. Our office highly recommends taking these classes and speaking to professionals in these areas about how to soften the effect of divorce on children.
In addition, basic and advanced co-parenting classes are offered by agencies in Kentucky to ensure both parties in a divorce understand how to support the children and resolve disputes in a healthy way. Our office highly recommends taking these classes and speaking to professionals in these areas about how to soften the effect of divorce on children.
Ten Benefits of hiring an experienced kentucky uncontested divorce attorney:
10. Lexington KY uncontested divorces are generally less stressful. In most cases, you never even have to go to Court. Unless something unusual happens, everything is completed “on the record,” meaning the judge will review and sign off on your paperwork in chambers.
9. Lexington KY uncontested divorces are generally quicker start to finish. If you and your spouse are agreeable on all issues, an uncontested divorce attorney can prepare all of your paperwork without the necessity of lengthy and complicated discovery and litigation.
8. Lexington KY uncontested divorces are usually more cost effective. Billable hours in contested divorce cases add up quickly. If you and your spouse agree on all issues, this will decrease the amount of time your attorney will need to spend to resolve your case.
7. Lexington KY uncontested divorces eliminate uncertainty. We tell people this all the time, but being a family court judge is a tough job. He or she has to look at a small snippet of your life and make decisions based on the information before them. If you and your spouse can reach your own agreements without taking issues to the Court, there won’t be any guessing as to what the Court might do with a given situation.
6. Lexington KY uncontested divorces help you move on with your life. Check out the statistics online, but you are not alone if you’re going through a divorce. It’s sad for a marriage to end, but the sun still comes up the next day. A lengthy divorce process may make you feel trapped over time while an uncontested divorce case is generally resolved in a matter of a few months.
5. Lexington KY uncontested divorces could help you and your spouse end your relationship on better terms. It is not uncommon for people to feel bitter during the divorce process. This is only amplified by lengthy divorce litigation. It is not necessary to “hate” the person you once loved. We have helped many divorcing individuals who remain friends with their spouse at the end of their marriage.
4. Lexington KY uncontested divorces help you determine your own destiny. This goes hand-in-hand with #7 above (eliminating uncertainty), but if you and your spouse reach your own agreements, it can be easier to live with those decisions long-term.
3. Lexington KY uncontested divorces are less confusing. Clients often express that the divorce process is confusing. This is not unusual. Fortunately, the uncontested divorce process in Kentucky is very straightforward.
2. Lexington KY uncontested divorces are more time efficient. In most uncontested divorces, you can sometimes skip steps that are required in contested cases.
1. Lexington KY uncontested divorces are generally easier on the parties’ children. We rank this as the #1 reason for exploring the possibility of an uncontested divorce case because children are precious and should be shielded from as much of the divorce process as possible. Sometimes, unfortunately, this is not possible. But you owe it to yourself and your children to at least explore the idea of an uncontested divorce. It could be best for everyone in the long run.
9. Lexington KY uncontested divorces are generally quicker start to finish. If you and your spouse are agreeable on all issues, an uncontested divorce attorney can prepare all of your paperwork without the necessity of lengthy and complicated discovery and litigation.
8. Lexington KY uncontested divorces are usually more cost effective. Billable hours in contested divorce cases add up quickly. If you and your spouse agree on all issues, this will decrease the amount of time your attorney will need to spend to resolve your case.
7. Lexington KY uncontested divorces eliminate uncertainty. We tell people this all the time, but being a family court judge is a tough job. He or she has to look at a small snippet of your life and make decisions based on the information before them. If you and your spouse can reach your own agreements without taking issues to the Court, there won’t be any guessing as to what the Court might do with a given situation.
6. Lexington KY uncontested divorces help you move on with your life. Check out the statistics online, but you are not alone if you’re going through a divorce. It’s sad for a marriage to end, but the sun still comes up the next day. A lengthy divorce process may make you feel trapped over time while an uncontested divorce case is generally resolved in a matter of a few months.
5. Lexington KY uncontested divorces could help you and your spouse end your relationship on better terms. It is not uncommon for people to feel bitter during the divorce process. This is only amplified by lengthy divorce litigation. It is not necessary to “hate” the person you once loved. We have helped many divorcing individuals who remain friends with their spouse at the end of their marriage.
4. Lexington KY uncontested divorces help you determine your own destiny. This goes hand-in-hand with #7 above (eliminating uncertainty), but if you and your spouse reach your own agreements, it can be easier to live with those decisions long-term.
3. Lexington KY uncontested divorces are less confusing. Clients often express that the divorce process is confusing. This is not unusual. Fortunately, the uncontested divorce process in Kentucky is very straightforward.
2. Lexington KY uncontested divorces are more time efficient. In most uncontested divorces, you can sometimes skip steps that are required in contested cases.
1. Lexington KY uncontested divorces are generally easier on the parties’ children. We rank this as the #1 reason for exploring the possibility of an uncontested divorce case because children are precious and should be shielded from as much of the divorce process as possible. Sometimes, unfortunately, this is not possible. But you owe it to yourself and your children to at least explore the idea of an uncontested divorce. It could be best for everyone in the long run.