Contested vs Uncontested Divorce

March 10, 2015  |  divorce

          In Kentucky, there are two primary types of divorce cases.  There is an “uncontested” divorce, and there is a “contested” divorce.  In an uncontested divorce, the parties come to an agreement about all of the matters relating to the divorce (ex: property distribution, child visitation schedules, alimony/maintenance, etc.).  A contested divorce is just the opposite, being when the parties cannot come to an agreement about all the issues. 

          If you and your spouse can agree to some matters but not all of them, the court will likely accept what reasonable agreements you can come to and then hold a hearing about the issues that could not be privately resolved.  But be mindful . . . if you cannot agree on things between yourselves, it will be the judge who decides, and different judges make decisions in different ways. 

          Although each case is unique in its own way and our firm tailors our legal advice to clients on an individual basis, we frequently encourage clients to try to resolve as many issues as possible without the court’s intervention, presuming of course that reasonable agreements can be met.  Contested divorces are more often than not very time consuming, expensive, and emotionally and psychologically exhausting.  They are necessary sometimes though, particularly when a party refuses to acknowledge the rights of his/her spouse.  And with our firm, you won’t be alone.  We’re here to protect your rights and fight for you.

Authored by: Megan E. Mersch