Deciding to get a divorce is usually one of the most challenging choices a couple can make. After all, it’s known to be a long process that can be emotionally and financially draining for both parties. However, the state of Kentucky allows for uncontested divorce, which is a quicker and less-stressful alternative for couples that can maintain good communication. Learn the basics of this legal process below, and be sure to ask your divorce attorney if this option is right for your situation.

4 Common Questions About Uncontested Divorce

What is uncontested divorce?

In an uncontested divorce, you and your spouse don’t hire divorce attorneys to argue on your behalf. Instead, you work out the details of your separation together. If you can agree on child custody, child support, spousal support, division of property, and division of debt on your own, you won’t need any outside mediators. Once an agreement has been made that’s acceptable to both spouses, you’ll file a divorce settlement agreement that’ll be approved by a judge.

What are the benefits of uncontested divorce?

The most significant benefit of uncontested divorce is it allows couples to avoid court proceedings. This means the process is typically far less expensive due to fewer attorney and court fees. The avoidance of court proceedings also allows the process to go much faster and prevents conflicts from escalating. Uncontested divorce is generally a good idea for couples who want the simplest divorce option possible.

Do I need an attorney?

While you don’t need to hire a divorce attorney to argue your case in court for an uncontested divorce, you should still hire one to look over your proposed settlement agreement. These documents can be confusing, so it’s best to have an expert assure you they’re done correctly. This is especially important if you have young children or are dividing up many assets, as these factors can complicate a divorce. A lawyer can alert you to any mistakes in your paperwork or an unintentional forfeiture of your legal rights.

When might uncontested divorce be the wrong option?

Because uncontested divorce requires substantial negotiation between spouses, it might not be the best option for couples that struggle to communicate and negotiate. It can also be difficult for couples with uneven power dynamics to arrive at a fair agreement for both parties. For example, if one spouse earns significantly more than the other, it can be challenging to decide how to divide your shared assets. Finally, cases with past or potential domestic abuse should also be handled by divorce attorneys.

Ensure your rights are protected during your uncontested divorce by hiring a knowledgeable divorce attorney from McBrayer, McGinnis & Leslie, PLLC in Ashland, KY. This firm has been in business since 1963 and regularly handles divorce cases from its offices in Kentucky, Ohio, and West Virginia. These attorneys use their years of experience to make a specialized plan for each unique case and client. Learn more about their practice online, or schedule your first consultation by calling (606) 473-7303.