UNCONTESTED DIVORCES

We frequently receive telephone calls from potential clients asking, "What do you charge for an uncontested divorce?"

Unfortunately, this question is generally impossible to answer right off the bat.  There are hundreds of variables which influence the cost of a divorce.

Sometimes, we get a call from a person who say he (or she) wants an uncontested divorce because "I've decided what I'm going to give her (or him)."  Equally often, the other party has a somewhat different idea of what he or she is entitled to take from the marriage.  What does this create?  Conflict.

On the other hand, we get calls from people who say, "We've worked this all out.  We just want a divorce."  But, when we start asking questions about the division of debts, Qualified Domestic Relations Order for the division of pensions and retirement funds, the refinancing of the mortgage on the house, etc., we find that the parties usually have not thought this through quite as thoroughly as an experienced Family Law attorney and that maybe there are issues that have not truly been agreed upon.

"If we think we have it all worked out, can you represent both of us?"  The short answer is "No!"

No one should believe that any attorney can represent both parties in a divorce action and the Kentucky Bar Association agrees with this position.

One attorney can, however, represent one of the parties while the other party can either proceed without counsel or, perhaps, engage an attorney only for the purpose of reviewing a settlement agreement prior to execution.  This could save the parties a good deal of money in a low-conflict divorce case.

Please proceed with caution if an attorney promises to represent both of you in a divorce action.

You may think you can be a great lawyer for yourself but, to borrow a phrase from Abraham Lincoln, you'll have "a fool for a client".  You cannot be dispassionate about your case any more than about your own surgery.