At first glance, the divorce process is quite universal and falls under the influence of algorithms honed by years of legal practice. Indeed, most of the steps that make up this process are predominantly standardized. But this is only valid for exactly as long as the human factor does not interfere in the matter.
Leo Tolstoy wrote that all happy families are equally happy, while all unhappy families are unhappy in their own way. In modern family and divorce law, there are several options and statuses for the process of officially ending married life together. In the state of Kentucky, they are all available today.
In this article, we will look at the main differences between contested and uncontested forms of divorce proceedings. We will also try to determine what factors you should pay attention to so your case can be qualified in one way or another. Is this legal process so incomprehensible for an ordinary client? Let’s figure it out!
What You Need to Know If You are Initiating Your Divorce in Kentucky
Being a petitioner (the person initiating the divorce case) is courageous and responsible. No matter how your legal case is qualified in the future, most initiatives and decisions will depend on you. You will be the person who files for divorce and contacts the court while your spouse acts as the respondent.
In general, there are two basic formats of divorces according to Kentucky legislation: contested and uncontested. The main difference between them is whether the spouses can agree about the terms of the divorce without resorting to an outside third party, such as a divorce mediator or a judge, to settle them.
Kentucky is considered a no-fault divorce state. It means that there is no need for special grounds to file for divorce. You are not required to show that your spouse has done anything wrong or that anyone is at fault for breaking up the marriage. All states have passed no-fault divorce laws and allow proceeding with dissolution as long as at least one spouse no longer wishes to be married.
Basic Requirements for Starting a Divorce Case in Kentucky
It is possible to get divorced in Kentucky if only one party wants to end a marriage. Occasionally, a spouse will attempt to delay the divorce action or avoid being served with the divorce petition. In those cases, an attorney can assist in moving the process along and meeting the necessary requirements to finish the case without the other party’s participation.
The list of basic requirements for officially starting a divorce proceeding always includes the terms of residency and separation. It is necessary to be a Kentucky resident for at least six months (180 days) before filing a petition for divorce.
The parties also have to be separated for at least sixty days before filing a petition to get divorced. This means that the parties either live apart or refrain from having intercourse for sixty days prior to the divorce being finalized. A spouse can file for divorce before the sixty days have elapsed, but the case can not be finalized until there have been at least sixty days of separation or abstinence between the parties.
At the same time, there is no special requirement in Kentucky for divorcing spouses to live apart. Although the dynamics of the parties often result in someone voluntarily moving out, it is not a requirement to get divorced. So, having all the above knowledge, it is important to understand the perspectives of the case and how the court can qualify it.
Contested Divorce and its Main Options
If one or more issues cannot be settled through an agreement between the parties, it is considered a contested divorce. This form is more typical, although it can be more complex to manage. If a divorce is contested, then it must be resolved through the legal system. This can be achieved through alternative dispute resolution, such as mediation, or by going to court.
In a contested divorce, the matters that often have to be resolved to agree to a divorce include child custody, child or spousal support (alimony), property division, asset distribution, common family debt allocation, and other financial items. Running a case of this type, you can’t deal without an attorney.
There are several options for resolving a contested divorce. One of them is meditation. It is a confidential process in which a neutral third party trained in dispute resolution helps both parties to reach an agreement on disputed issues. If an agreement is not made during mediation, nothing discussed could be used during the trial or later proceedings.
If mediation fails, couples may resort to litigation. This is the most expensive and time-consuming option, yet it is sometimes necessary if the parties cannot reach an agreement. Although most Kentucky divorce cases settle without going to trial, there are situations in which the parties cannot agree on significant issues.
Key Features and Benefits of Uncontested Divorce
An uncontested case is a format of divorce in which the spouses are able to reach a mutual agreement on all issues that are required to terminate their marriage effectively. This does not mean that the divorce is amicable. Instead, it simply means that the parties do not require a judge to settle issues such as property division and child custody.
This mutual pre-divorce agreement between the spouses is essential for the progression of the case as uncontested. If at least one of the clauses of this agreement causes conflicting opinions or doubts about the validity of a decision, the simplified format of your divorce proceedings will be in jeopardy.
To simplify the task of the court, it is essential to diplomatically settle all possible disputed issues that may relate to joint property, including the distribution of all common debts, assets, credit lines, and mortgages. A pre-divorce agreement may also include acceptable options for child and spousal support, child custody, payments for education, health insurance, and other items.
Thus, considering the divorce case an uncontested one gives the petitioner and respondent a set of extra benefits. It is inexpensive, stress-free, fast, and affordable and allows clients to manage a DIY divorce and use online preparatory services someone like kentuckyonlinedivorce.com. Such websites and apps are designed to help users fill out paperwork and file the forms at the court. Ready solutions of divorce documents for a fixed fee are convenient and helpful!
