Uncontested Divorce

A divorce is considered ‘uncontested’ if both spouses agree to on all issues of property, debt, support and any child custody issues. An uncontested divorce saves a lot of stress, time, and money for both spouses.

Save Legal Costs - Take Control of your Divorce

At Barrow & Weigel, our divorce attorneys help you keep the legal expenses of your uncontested divorce to a minimum while assuring that all the legal requirements have been met.

The Uncontested Divorce Process

What issues can be resolved through an uncontested divorce?

Any issue that can be resolved in a litigated divorce can be handled in an uncontested divorce. The parties can agree to the division of property and debts, child custody, child support and spousal support and commemorate the terms in a Property Settlement Agreement.  This agreement is filed with the court and can be enforced through the court system if one party fails to live up to their obligations under the agreement.

Do both spouses need an attorney?

In uncontested divorces, usually only one of the spouses hires an attorney to prepare the legal documents. However, a lawyer can never represent both sides in a divorce. Once one party has an attorney draft all the legal documents, the other spouse need sonly read over and sign the required papers. It is sometimes helpful, but not usually necessary, for the other spouse to contact an attorney to review the settlement agreement.

How long does an uncontested divorce take?

Once the required documents are signed and filed, the court can grant the divorce immediately so long as the parties have been separated for at least 60 days. If children were born of the marriage, Kentucky law requires the court to wait 60 days after the divorce petition is filed before granting a divorce. 

What is a waiver of appearance?

In a contested divorce, one party files a petition for divorce and the other gets served with the petition by a constable or process server. In an uncontested divorce, the divorce petition is provided to the other spouse along with a waiver of appearance. The husband or wife who signs the waiver acknowledges that he or she has received the divorce petition and does not request to file a response.

Do I have to appear in court?

Uncontested divorces do not require the parties to appear before a judge. Once an attorney has drafted all of the required documents, the parties can sign the documents before a Court Clerk. Once all of the documents are signed and filed with the court, the final decree can be submitted to the judge for his or her signature.  Once the judge signs the decree, the parties are officially divorced.

Helping Families With Affordable Uncontested Divorces

Barrow & Weigel, PLLC, requires a modest retainer of $750 for uncontested divorces. This amount is usually enough to all attorney fees for an uncontested divorce. There may be additional charges for certain types of documents, such as Qualified Domestic Relations Orders, or excessive document revisions or phone calls. The fee will be higher if the case becomes contested.

Our divorce attorneys proudly represent clients throughout Jefferson and surrounding counties. We are dedicated to providing cost-effective results for our clients. Give us a call at (502) 589-9353 or contact us online to learn about how we can help you.

 

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