Uncontested Divorce

An uncontested divorce is possible if both you and your spouse are willing to come to an agreement on all of the issues.  This means, you must come to agreements concerning child custody, visitation schedules, child support calculations, marital property and debt division, and spousal support or maintenance (aka alimony).

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Advantages

Proceeding with an uncontested divorce is highly recommended for its many advantages.  Unlike a contested divorce, an uncontested divorces are generally less stressful, less time consuming, comparatively inexpensive, usually easier on children, and help pave the way to a long term cooperative relationship.

Cost of Divorce

The reduced cost of an uncontested divorce is typically due to the fact that only one spouse hires a divorce lawyer to prepare the divorce papers.  It is important to note, however, the divorce lawyer will only represent one spouse to avoid a conflict of interest.  The non-represented spouse then signs the divorce papers without a divorce lawyer or just gets a quick review from a divorce lawyer before signing.  It is common for the spouses to then split the cost of the divorce lawyer in Louisville Kentucky.

Court Appearance

It is not necessary for you, your spouse, or children to appear before the Court in an uncontested divorce.  Your divorce lawyer will prepare the necessary motions to ensure that your divorce decree can be ordered by the Court without a hearing or trial.

How Long Will it Take?

You must be separated for 60 days for an uncontested divorce to be ordered by the Court.  If you have been separated for 60 days a divorce can be ordered immediately.  However, if there are children born of the marriage then you must wait 60 days after filing for divorce before a divorce decree will be ordered.

Likelihood of an Uncontested Divorce

Successfully completing an uncontested divorce can be extremely difficult.  You must be able to talk with one another in a civil manner and make important decisions.  Many divorcing couples start out negotiations with the intent of completing an uncontested divorce, but the issues simply become too overwhelming and separate lawyers are needed to sort it all out.  For this reason, it is important for the spouse hiring a divorce lawyer to choose an aggressive divorce lawyer in Louisville Kentucky that is ready to pick up the negotiations or proceed directly to trial.

Domestic Violence

It should come as no surprise that any acts of domestic violence make an uncontested divorce very unlikely.  If abuse occurred in the past, then the victim will likely be in fear of further acts of abuse.  There is also a heightened degree of emotion and stress inherent in the negotiation process that increases the likelihood of domestic violence to occur. Basically, prior act of violence create an unlevel playing field for negotiation of the issues.

A victim of domestic violence should not negotiate without a divorce lawyer representing them and an abuser should not count on any cooperation from their victim.  If an emergency protective order (EPO) or domestic violence order (DVO) prohibiting contact is in effect, then an uncontested divorce is essentially out of the question due to the inability to communicate with one another.