Filing for a divorce is a heavy decision to make. Aside from the emotional baggage, you must consider the time and financial resources the process demands.
In Kentucky, there are two types of divorce: contested and uncontested. Understanding the differences between the two can help you handle the situation with care.
What is contested divorce?
A contested divorce means you and your spouse disagree on one or more terms in the divorce. This includes child custody, spousal support, debt allocation and property division. To resolve these issues, you need to engage in alternate dispute resolution (ADR) or litigation.
Generally, a contested divorce in Kentucky can be costly due to the accumulation of legal and court fees. Experiencing stress can also occur since you need to face your spouse in court multiple times. Additionally, the entire process of a contested divorce may take from six months to two years.
What is an uncontested divorce?
An uncontested divorce means you and your spouse agree on all aspects of the proceeding. Compared to contested divorce, the process is faster and typically less costly. Crucially, you do not have to worry about going to court to settle the divorce.
While an uncontested divorce is a more peaceful approach, it can turn into a contested divorce. This can occur when you or your partner realizes that some divorce terms are unfair. As a result, you may choose ADR or litigation to settle your differences and resolve your divorce.
Assessing your next steps
Learning the difference between contested and uncontested divorce can help you determine the state of your divorce. Have you and your spouse agreed on all terms? Are there aspects that you disagree with? Answering these questions is the first step toward planning your legal strategies. Professional guidance can be beneficial in assessing your options for moving forward with the divorce.