An uncontested (or non-contested) divorce is the quickest and most budget-friendly option for divorce available in Kentucky. Without a doubt, an uncontested divorce is the cheapest, fastest and most cost-effective solution for terminating a marriage. This is an option only when both parties agree on all issues relative to the dissolution of the marriage. In order for a divorce to be considered uncontested, the parties must both agree that the marriage is irretrievably broken. The parties must both agree on all matters at issue in the divorce action, and be willing to sign a settlement agreement, also called a separation agreement, which reduces the parties' agreement to writing. This agreement is then reviewed and accepted by the Court, assuming it meets the appropriate criteria, and incorporated into the parties' divorce decree.
Issues typically seen in a divorce action include the
- Child custody;
- Parenting time or visitation;
- Child support, including medical expenses and health, ocular and/or dental insurance;
- Division of assets, including real property, personal property, retirement accounts, etc.;
- Allocation of debts;
- Maintenance, also referred to as alimony;
- Tax deductions, or other tax implications.
Uncontested divorces are an especially good option for couples without children, marriages of a
short duration, and marriages in which there are few assets and debts. Uncontested divorces are
generally considered "friendly" divorces as both parties agree on all issues.
In order to qualify for an uncontested divorce in Kentucky, at least one of the spouses must currently live in the Commonwealth of Kentucky, and that spouse must have lived in the Commonwealth of Kentucky for at least 180 days prior to the filing of the divorce action. Both parties must be agreeable on all issues, and both parties must be willing to sign a written agreement reducing their agreement to writing.
An uncontested divorce tends to keep costs at a minimum and helps to ensure that the process will be as quick and painless as possible. At Hill & Hill, our minimum fee for an uncontested divorce is $500.00, plus court costs, which vary depending on the county in which the divorce action is filed. Fees vary depending on the amount of assets the parties have, the issues to be addressed in the parties' settlement agreement, and whether or not the parties have children. We do not tack on extra fees for postage or for notarizing documents. We do, however, charge extra if the initial agreement is changed by the parties.
Drawbacks to an uncontested divorce include but are not limited to the parties' waiver of the exchange of financial disclosure information.
If your spouse has hired someone else to file an uncontested divorce action, and your spouse is asking that you sign paperwork, first give us a call. It is unwise to sign a legal document, such as a settlement agreement, without first having it reviewed by an attorney. People often rely on what their spouse is telling them when contemplating whether or not to sign a settlement agreement. Do not do this! The devil is always in the details when it comes to legal documents, including settlement agreements. For a small charge, we will review documents with you to ensure that you fully understand the risks and ramifications of what you are signing, so as to make sure that you are satisfied with your divorce settlement.
If you are in the market for a divorce, please feel free to give us a call to discuss your options! We cannot guarantee that we will make this a "fun" experience for you, but we will handle it for you with compassion and professionalism, so as to make it as easy and smooth as possible. Call us today at (606) 528-7181