When an uncontested divorce does not work

On Behalf of | Aug 31, 2018 | Family Law |

A separation with no conflicts is one of the main goals most upcoming Kentucky divorcees have. The proceedings are easy and the couple and does not suffer as much of an emotional roller coaster if they easily agree on how the asset division goes.

However, the circumstances of your divorce should determine if an uncontested divorce is the right path to take. Only the courtroom can handle certain unavoidable marital problems. If you plan on separating from your spouse, you should know some factors which can make uncontested divorce too difficult in Kentucky.

Your spouse is too difficult to work with

Uncontested divorces can only work if the couple is cooperative and willing to hear each other’s ideas to come to an agreement. If you cannot be in the same room as your spouse, then you likely do not want to spend hours alone with them talking about who gets what. You cannot let your emotions overpower you as these proceedings have a large impact on your future.

If you are separating because your spouse cheated on you, it is important to know that Kentucky is a “no fault” divorce state. It means that most of the time, the court does not consider factors like adultery to be a major ground for divorce. While it can be brought up in the proceedings to get you potentially more assets or alimony, there is no guarantee that the court will take it into consideration.

However, there are some faults that the court does allow to impact the case. For example, if you and your child are the victims of domestic abuse, you can apply for emergency protective orders in Kentucky to keep your aggressive spouse away from you and the court does allow this to impact child custody and asset division. They do this by determining how much the violence has affected the child’s relationship to the parents.

Asset division becomes too difficult

There are a lot of aspects to consider when separating property and determining child custody. Many couples take the uncontested route to get the divorce over as soon as possible and move on with their lives. As emotionally difficult as the process is, you want to avoid rushing so you do not overlook any potential issues you might have with the agreement. Even if you take the uncontested route, you still have to deal with Kentucky’s 60 day waiting period before the final divorce decree, so there is even less purpose in getting it done too quickly.

Divorce can be an emotionally complex period that could cause you to make rash decisions when you and your spouse divide your assets. To lessen some of the stress, you can contact a family law attorney that has experience in helping divorcees get the most out of property division and spousal support.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Sheehan, Barnett, Dean, Pennington, Dexter & Tucker, P.S.C. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.