Divorce can be one of the most stressful and emotional events in your life, but an experienced attorney can ease the burden by giving you options to resolve your divorce amicably. If you and your spouse agree on the division of your property and debts, and the issues involved in raising your child, then a uncontested divorce may be the best option for you.
The attorneys at Hoffman Walker & Smith have the experience necessary to draft all of the documents you need to thoroughly address all of the issues in your divorce in an efficient manner to get your divorce over with fast.
What Is An Uncontested Divorce?
An uncontested divorce occurs when you and your spouse sign an agreement resolving all issues of your divorce. These issues mainly revolve around the division of marital property and debts. If you have children under the age of 18, then there are also issues regarding custody, visitation and child support payments. Some things to consider are:
If you and your spouse own a home: Will you sell the house and divide the proceeds? Will one party stay in the home and assume the mortgage? If so, are you or your spouse able to buy out the other’s marital interest?
If you and your spouse have children: Will you have joint custody? Will you or your spouse pay child support? What school district will your child attend? Do you have a parenting schedule? How will parenting time work during holidays?
Other assets and debts: How will your bank accounts be divided? How will your vehicles be divided? How will you divide credit card debt? Do you have a retirement or pension account? If so, how will retirement be divided? Who will pay which debts? Is it possible to close joint accounts or debts so the parties are no longer connected financially?
How Does An Uncontested Divorce Work?
During our consultation, your attorney will discuss all relevant issues with you and discuss all the options at your disposal to finalize your divorce. If you choose to file an uncontested divorce, our attorneys will prepare the initial Petition for Dissolution to open your case with the court, an agreement to resolve all of the relevant issues of your divorce, and all of the pleadings necessary to finalize your divorce without the need to attend any court hearings. Both you and your spouse will need to sign these documents. After you and your spouse sign everything necessary for filing, the Judge will typically sign the documents and enter your divorce decree within a few days of submitting the final documents. Once entered with the court clerk, your divorce is final.
There is a 60-day waiting period between the time that the parties separate before a final decree can be entered. There is another 60-day waiting period for parties with jointly conceived children that begins the day that the non-filing party is served with notice of the divorce case. Our attorneys will explain these issues to you further and let you know the earliest possible date that we can complete the divorce. We have been able to complete some cases within a week of our first meeting.
Do I Need An Attorney For An Uncontested Divorce?
Although the state does not require both parties to have a lawyer represent them in divorce, it is highly recommended to retain an experienced attorney, whether it is contested or uncontested. We often complete cases with only one party having an attorney while the other party participates without representation (Pro Se). All parties are advised of their right to seek counsel, and are given the opportunity to do so. We will not pressure anyone into a divorce agreement without representation, but we will proceed if the other party is comfortable with doing so. Our lawyers at Hoffman Walker & Smith have helped hundreds of couples through the uncontested divorce process. Only experienced attorneys are familiar with every issue that needs to be resolved in a divorce to give you peace of mind for the future and prevent stressful and expensive legal battles over post-divorce issues.
How Long Does An Uncontested Divorce Take?
The uncontested divorces process is much shorter than a contested divorce where a court needs to resolve issues between the parties. If you do not have children, this process usually takes between two and eight weeks. If you have children, Kentucky requires a mandatory two-month waiting period between the date of service over both parties, and the entry of the final Decree of Dissolution, making the process usually last two to three months. Issues may arise which require a longer period of time to complete the divorce. We can also delay the entry of the decree if the parties are unsure how they want to proceed. Our lawyers will thoroughly discuss the process with you and put you and your spouse in the driver seat toward the timing of the divorce.
How Much Does An Uncontested Divorce Cost?
Every divorce is different, so the cost varies. However, uncontested divorces are usually thousands of dollars cheaper than a contested divorce. Our attorneys typically bill on an hourly rate that varies by the attorney working on the case. In some instances we can offer a flat fee, but both parties need to be fully on board with the divorce and agree upon all issues in order for that to occur. In addition to the attorney fees, there are filing fees to open the case with the court, which vary from county to county, but are usually between $200 and $250. There may also be other expenses to divide retirement plans, transfer real estate, or handle other special issues for your case. After an initial consultation with one of our attorneys, we can provide a more exact estimate for you.