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The basics of uncontested divorce

On Behalf of | Feb 26, 2021 | Family Law

Kentucky’s traditional divorce process essentially turns spouses into legal adversaries. This makes sense for many divorcing couples, but it is not the only option.

As the name implies, an uncontested divorce is one in which the spouses have nothing to fight over. Unlike a traditional divorce, in an uncontested divorce, filing is close to the end of the process, not the beginning. By the time one of the spouses files for divorce, they and their soon-to-be-ex have agreed on all the important matters, such as child support, child custody and division of assets.

Who benefits most from uncontested divorce?

This does not mean that the spouses instantly agreed on what to do about these issues. Instead, they (along with their divorce attorneys) were able to work together to reach a settlement. Usually, an uncontested divorce is a good option for couples who are still on decent terms despite agreeing that the marriage is over. They tend to have relatively simple marital assets and might not have children together. In other words, uncontested divorce works best for couples who have little to fight over, maybe because they are young and have only been married for a few years.

If that describes you and your spouse, an uncontested divorce can save you time and money. Once you have settled your financial and child matters and filed, the divorce process is relatively quick. This can save you and your ex quite a bit in legal fees. On the other hand, if you own large and complex marital assets that you and your ex both want, traditional divorce might be a better fit. This is also true when one of the spouses does not want a divorce, and in cases of domestic violence.

Having your own divorce attorney still matters

Even if you and your spouse decide to pursue an uncontested divorce, each of you needs to hire your own divorce lawyer. Your attorney’s job is to represent your interests throughout the process.