Whenever a couple decides to divorce, they think of an expensive and messy legal process, making the parties’ conditions miserable as they are already going through mental turmoil.
However, suppose you want to avoid the hectic procedure of contested divorce in Kentucky for the sake of your emotional, mental, and physical health. In that case, an uncontested divorce can be your option. Speak to an experienced attorney and learn more about the process.
The time required to file for an uncontested divorce in Kentucky depends on different factors, as some constraints are involved during the entire process. Every couple wants to get this painful process completed as soon as possible.
Browse this article further to learn more about uncontested divorce, the factors involved, and how long it takes to file an uncontested divorce in Kentucky.
Uncontested Divorce – Brief Overview
An uncontested divorce is about agreeing on various factors with your spouse while going through the divorce procedure. Some of the common issues are listed as follows:
- Debt division in divorce
- Marital property and other property division
- Spousal support time duration and amount
- Minor children support time duration and amount
- The factors associated with the children’s custody, parental responsibilities, and parenting time
Once you have made these agreements, you don’t have to go to court; you only have to file for the legal court documents and marital agreement settlement outlining the details of the terms and conditions both partners have agreed on. The agreement states how the property has been split, child custody and visitation rights, support criteria, and whether it will happen.
A court judge will go through your agreement and ultimately grants a divorce, which shouldn’t be an issue. Unless it is evident from the agreement that the signed terms and conditions are unfair to any of the spouses or are negotiated under pressure, the court usually allows a settlement agreement. Then, the divorce in Kentucky will be finalized after the mandated time duration is passed.
However, not all uncontested divorces are the same, and not all are as easy as they might seem. The process is simple if a couple has no minor children with limited assets like no rental and home properties. In addition, the process is also simplified if both partners are self-sufficient and can bear the living expenses by living on their own after the divorce.
In such a scenario, the process has been streamlined by many states as accessible but with stringent regulation. But these are applicable for marriages lasting less than five years.
Meaning of Uncontested in Divorce in Kentucky
Primarily, an uncontested divorce means that both partners have made a settlement regarding various factors of the divorce. However, the couple is required to complete the specific paperwork and legal work prior to continuing with the uncontested divorce.
In order to not make any mistakes and blunders in the process, speaking to a professional bankruptcy attorney is advisable. Alternatively, you should check with your local court clerk for more information.
Can Uncontested Divorce Happen for Couples with Minor Children or Major Assets?
Usually, partners with significant assets and minor children can have an uncontested divorce if they agree on the abovementioned points. Even if they have a slight disagreement on one or two issues, they can negotiate with each other and talk to them to avoid the disputed divorce in divorce court unless and until they achieve a complete agreement.
They can agree if they communicate correctly and negotiate on the issues. They can ask for mediation to resolve the issues if this is not working. Attorneys can also help them deal; however, this will increase the cost of an uncontested divorce.
Uncontested Divorce in Kentucky Eligibility Criteria
The criteria for eligibility for an uncontested divorce is relatively straightforward. The primary factor essential for eligibility is that one of the partners must be a Kentucky resident for at least 180 days before filing for divorce in Kentucky.
Furthermore, before filing the petition, the ex-spouses must not be together for at least 60 days. In addition, it should also be kept in mind that if the woman is pregnant, divorce in Kentucky cannot occur unless the baby comes into this world.
Pros of Uncontested Divorce
The most evident advantage of an uncontested divorce is the financial benefit. A divorce decree with no dispute is typically less expensive than the disputed one. For an uncontested divorce to be completed, the only fee paid is to the court, which is a few hundred dollars.
Moreover, even if you have involved the lawyer in filing and assisting you with the legal paperwork with limited conversations and the couple agrees to the settlement, the uncontested divorce process can be completed with minimal expenses. Keeping minimum disagreements among yourselves will also help everyone to cope with the process more quickly.
Cons of Uncontested Divorce
The drawback associated with an uncontested divorce is not being appropriate with all divorce cases. Preferably, parties let an impartial court make decisions concerning their properties and other related factors when there have been issues like domestic violence or significant power imbalance.
Another drawback is both partners must agree on the issues. A disagreement on a single point will lead to the fact that the couple won’t be able to get an uncontested divorce.
How Long Does an Uncontested Divorce in Kentucky Take?
Interestingly, the duration of an uncontested Kentucky divorce is shorter than that of a contested divorce. Typically, this is due to the minimum involvement of the divorce proceedings and court involvement. The process can generally take 60-90 days after you submit your documents to the court to receive the final divorce decree.
However, you still have to bear the filing fee, but it is much cheaper than the price you might have to pay for the months of legislation for Kentucky divorce. Despite the simplicity of an uncontested divorce, we still recommend you contact a professional Kentucky divorce attorney to complete the process smoothly to make the legal process easy and decrease the chances of errors.
What is the Process of Filing an Uncontested Divorce in Kentucky?
Unlike other states, Kentucky doesn’t offer a streamlined process for an uncontested divorce. Couples who have already established an agreement to settle the assets and other related assets before or after filing for divorce can still complete the divorce decree process efficiently.
Step 1: Adequate Filling of the Divorce Petition
Include the signed and written separation document to the divorce petition if you have sorted out all the issues in your divorce. A summons is essential, along with the financial disclosures, child support spreadsheet, and financial disclosures.
By contacting the circuit court clerk, you may find the necessary divorce paperwork to be completed in the county where you and your partner reside and will file for divorce. Certain websites allow you to look for the circuit court clerks by county. In several circuit courts, the family court divisions handle divorce matters.
Online Divorce Service
Another way to make the filing process easier is by using the online divorce service that will offer complete details about the forms to fill out and available scenarios after you have answered the questions related to your case.
Many firms commit that your state accepts the complete papers associated with your case. Some people engage themselves in a “do it yourself divorce.” Even so, we recommend you consult an attorney to help you in every step.
Step 2: File the Divorce Papers
Take the original summons, petition, related documents, and at least 2 copies of all the documents to the court clerk’s office after the primary forms are completed. You need to pay the filing fee at the time of the filing, and the cost depends on the county. Or, if you cannot pay the filing fee, you can ask for a fee waiver form from your local court clerk.
Step 3: The Final Divorce Decree
After filing, you must serve your spouse with the formal copies of the divorce petition papers. Usually, this entails payment for the sheriff’s papers or a professional process server to deliver the paper copies by hand to the responder. After completing the process, the court finalizes the divorce in the final hearing.
What is the Process of Finalizing the Uncontested Divorce?
Once you have submitted all the documents and completed the divorce papers, the final court hearing will be conducted to finalize the uncontested divorce process. This includes your settlement agreement, but after you have been parted from your spouse for 60 days.
The court will verify and assess your agreement and will ensure the separation agreement is fair, and no injustice is done to any party while dividing the assets and rights. Then, the court will accept your settlement agreement and integrate it with your divorce order unless it is unreasonable. At this point, your divorce will be finalized.
Contested Divorce and Uncontested Divorce – What is the Difference?
The most significant factor in determining how long your divorce process will take, whether contested or uncontested, is how long you take for a settlement agreement on the factors like child support rights and support and property division.
An uncontested divorce is finalized as soon as the waiting period is completed; that’s why it is considered quick and straightforward.
Whereas, if you cannot agree on the conditions and negotiate on the issues, you might not be able to get an uncontested divorce; hence, more time will be required to complete the process. Undoubtedly, the lack of agreement between the two parties is costly for everyone.
In Kentucky, it is most likely by the state to allow the spouse to get the mediation to agree. If they are still not on the same page, the court will set a trial date, hear both parties’ perspectives, and make the tough decisions on their behalf.
Typically, contested divorces in Kentucky can take a year or sometimes even more than a year for the completion of an entire process. The time duration depends on the complexity of the issues involved in your divorce case and its longevity. Additionally, both parties must complete the documents and gather the time-consuming evidence.
Once this process is completed, the court will set a trial date which is an even more time taking approach. Decisions are not made then and there; instead, the spouses have to wait for the judge to go through the evidence and review all the scenarios and issue a court hearings date to announce their decision.
After completing these steps, the court will declare the decision and final approval for divorce and dissolution of marriage.
Is it Essential to be Legally Separated from Your Spouse in Kentucky to Get a Divorce?
Not necessary. Sometimes, a couple does separate legally, while some do not. If both partners are agreed to get the legal separation in Kentucky rather than filing for the divorce petition, such a signed separation agreement can last for a year.
During this year, the partners can ask for child support and custody, spousal support, asset rights, and other related things. Any partner can ask to proceed from the legal separation to the divorce petition at any point during this period.
Contacting a Professional Attorney Can Guide You Better, and You Can Complete the Uncontested Divorces Process Smoothly!
Divorce is one of the most challenging decisions a couple has to make, including minor child support, custody, and other related property matters. It can seriously affect your mental, physical, and financial condition. And making tough decisions related to assets and children can be even more stressful and terrifying.
If you are thinking, how much does uncontested divorce cost in Kentucky? The answer is $148 without an attorney and $153 with an attorney.
Therefore, we always suggest contacting a professional and experienced divorce attorney to ensure you get the correct information in divorce papers and the process will be completed more smoothly, and the final divorce decree is based on the mutual marital settlement agreement.
Call now at 502-625-0905 to get legal advice from an attorney having an experience of more than 30 years in the field.
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If you are considering bankruptcy, don’t delay because timing is crucial. I am here to help you. So, contact my office right away to start the conversation. Nick C. Thompson, Bankruptcy Lawyer: 502-625-0905.