UNCONTESTED DIVORCE: How to take the first step toward your new life

The end of a marriage is never a pleasant time, even if both parties are in agreement. There is likely to be anger and resentment among one or both; you may disagree on many things. But you do have one thing in common: you have both accepted that the marriage is over and there is a happy future in front of you once the business of your divorce is complete. Going through a legal conflict like divorce doesn’t automatically mean having to endure the stress and turmoil often associated with it. There is another way.

Uncontested Divorce, sometimes referred to as a collaborative divorce or non-adversarial divorce, is when both husband and wife are agreeable to the divorce and have made, or are willing to negotiate, an agreement without court intervention on matters including property separation, child custody, visitation and support. Those willing to participate in an uncontested divorce may be served by one attorney, saving money and preserving the dignity of those involved.

In order to obtain a divorce in Kentucky, you must:

  • Have been a resident of Kentucky for the last 180 days

  • Pay a filing fee in order to start the divorce process

  • If minor children are involved, you must wait 60 days after the divorce complaint is served on your spouse before the divorce can proceed toward completion.

In order for the process to move as quickly as you would like for it to move, you and your spouse will want to discuss and agree upon, or be willing to negotiate, the following, as well as any other issues that pertain to your unique situation:

Property Issues

  • Equity in homestead

  • Other real property

  • Home furnishings

  • Business assets

  • Professional practices

  • Professional degrees

  • Retirement benefits (pensions, IRAs, 401(k) plans)

  • Motor vehicles (cars, trucks, motorcycles, boats, etc.)

  • Recreational vehicles

  • Personal property

  • Savings accounts

  • Stocks, bonds, and funds

  • Compensation for contributions as homemaker

  • Debts

Spousal Support Issues

  • Entitlement to support

  • How much? How long?

  • Continued health care coverage through COBRA

Issues Relating to Children

  • Child support

  • Child custody, both legal and physical

  • Visitation with non-custodial parent

  • Health, Dental and Vision insurance for children

  • Uninsured health care costs

  • College education

  • Residence in the marital homestead

  • Beneficiaries of life insurance policies

  • Claiming children as dependents for income tax purposes

  • Religious upbringing of children

In looking at the list above, it’s easy to see how legal costs can escalate quickly if the involved parties refuse to work together. I charge a flat fee for assisting you through the uncontested divorce process so you know exactly how much you will be spending on legal fees. Call or text me at 270-293-5944 or email me at chris@hendrickslawoffice.com if you have questions or would like to schedule an appointment. My initial consultation is free. I serve clients throughout the Jackson Purchase area and beyond.

#familylaw #divorce

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© 2019 by Chris Hendricks, Attorney at Law | 301 Maple Street • Suite C • PO Box 1575 | Murray, Kentucky 42071 | 270.293-5944

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