There are two kinds of divorce proceedings: contested and uncontested. An uncontested divorce is one in which the parties reach a settlement on all issues prior to the filing of the divorce petition, although an attorney may point out legal issues or suggest a slightly different way to structure the agreement to maximize tax or other advantages.  Anything else is a contested divorce, even though it is not uncommon for the parties contested divorces to quickly reach resolution on all matters after the petition for divorce is filed.  A hybrid type of divorce is called a collaborative divorce.  This is where the parties, while not agreeing to everything from the outset, agree to sit down with their attorneys, a collaborative divorce lawyer, and, if necessary, mutually agreed to financial, real estate, and perhaps, mental health experts.  Typically, this is done prior to the divorce petition being filed.  While a collaborative divorce can be less costly and quicker than a contested divorce, fees for experts can mount.  

Here are a few things that need to be remembered while filing an uncontested divorce. These will help you avoid common mistakes while applying for a divorce which will otherwise lengthen the process.

· Be proactive: The couple needs to be proactive and work together for the benefit of their children and the benefit of each other.  They still have the job of raising the children together and of working together to divide the property between them. 

· Settlement:  You should reach a reasonable settlement and make it final.  Any later changes will make the process more time-consuming and costly.  If the agreement is unfair the other party will either not live by it or seek revenge.   The court will not approve a divorce that is unfair on the face of the agreement. 

Remember, if you cannot agree, the Court normally:

1.  Fairly divides assets and debts,  but this may not be evenly;

2.  Awards child support by a chart based on income, child care expenses, and health insurance costs,

3.  Determines maintenance (alimony), if any, based on need. length of marriage, and ability to pay.

4.  If the parties cannot agree, the litigation process will be the only option left.  Having a Judge force something on the two of you and decide your future will be painful, expensive, time consuming and uncertain.   

Avoid Mistakes: Get professional help and be detail oriented. Mistakes will be costly, you may have your case dismissed, or worse.

Kentucky Divorce Lawyers Kentucky Divorce Information

Louisville Divorce Information Kentucky Divorce Attorneys