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.
