When you realize your marriage has reached its end, the thought of a long courtroom battle can feel overwhelming and draining. Fortunately, you can choose to have an uncontested divorce in Kentucky as a more respectful way to move forward. However, it is important to understand whether this option is the right fit for you.
When an uncontested divorce may be good
The main requirement of an uncontested divorce is an agreement on all key issues of the divorce. This generally includes property division, child custody and support. Under Kentucky Revised Statutes 403.180, both parties must sign a written separation agreement that covers all these aspects.
Because there are no disputes for a judge to resolve, the process is significantly more efficient and private. However, the court can change provisions, especially when it comes to child custody and support, to ensure they are in the best interests of the child.
When an uncontested divorce may be bad
If you and your spouse face high conflicts, it would be difficult to settle on an agreement. Since an uncontested divorce requires agreements on all divorce aspects, this option would not be beneficial.
Even though contested divorce may be the best way forward given the circumstances, the courts may order alternative dispute resolutions. Mediation and arbitration are processes that help couples with complex issues to settle their disputes outside the court while finding solutions that benefit both parties.
Why professional guidance still matters
Choosing an uncontested divorce may be the option with less stress, but the filing process can be technical. On the other hand, navigating a contested divorce involves intricate disputes that can be difficult to face alone.
Regardless of your choices, divorce can be complex because of the nuances in Kentucky family law. Seeking legal counsel can offer guidance in protecting your rights while considering what is best for your family.