An uncontested divorce simply means that you and your divorcing spouse are able to negotiate all the relevant terms of your divorce without requiring the court’s intervention. There is no rule that you have to be best friends – or get along famously – to manage an uncontested divorce. While you will need to hammer out terms, you can turn to your respective Kentucky divorce attorneys to help you get there – and are well-advised to do so. Your divorce terms will directly affect your financial and parental rights, which makes working with an experienced divorce attorney in your best interest.
The Terms of Your Divorce
While your divorce will be specific to you, your family, and the circumstances involved, the terms you’ll need to resolve remain the same and include (as applicable):
• The division of your marital assets, which will be divided between you equitably (or fairly) rather than necessarily equally
• Your child custody and timeshare arrangements — In Kentucky, legal custody can either be sole or joint. Parents often confuse custody with timeshare, and sometimes use incorrect terms like “full custody” or “equal custody.” However, custody relates only to decision-making authority on behalf of your children. Timeshare is just that — timeshare.
• Child support, which is calculated according to state guidelines, but can be set by the parties by mutual agreement.
• Alimony, which is called spousal maintenance in the state of Kentucky.
If you and your divorcing spouse are able to find a middle ground on each of these terms – no matter how you get there – you will have achieved an uncontested divorce. Each of these terms, however, is highly consequential, and you shouldn’t finalize the matter until you’ve consulted with a seasoned divorce attorney and understand the implications for you and your children.
The Uncontested Divorce
The State of Kentucky does not have a separate divorce pathway toward a stripped-down divorce process. Instead, your divorce is uncontested if you are able to resolve your divorce terms without the court’s input. Hiring a divorce attorney does not make your divorce contested, and in fact, it’s the best way to ensure that your rights are well protected and that you’re ready to move forward into your post-divorce future with confidence.
The Administrative Details
Before filing for a divorce in Kentucky, either you or your divorcing spouse must have lived in the state for at least 6 months (180 days). Further, before the judge handling your case finalizes your divorce decree, you and your divorce must have separated – or lived apart – for 60 days. It’s important to note, however, that you can meet this separation requirement – as long as you are living without engaging in sexual activity, even if you are both residing in the same home.
Seek the Legal Counsel of an Experienced Kentucky Divorce Attorney for the Guidance You Need
The consequences of your divorce are too significant to leave to chance. The accomplished divorce attorneys at Stotts Law, PLLC, in Georgetown, Kentucky, have an impressive track record of helping clients like you successfully navigate the uncontested divorce process – while protecting their legal rights. You can schedule a consultation by clicking here or calling us at 502-383-1550 today.