Kentucky Criminal Defense & Family Law
What it Means to Have a Contested Divorce

What it Means to Have a Contested Divorce

While it may be unrealistic for all divorces to be seamless and without controversy, divorces in general fall into two categories – contested and uncontested. With a "contested" divorce, the parties either disagree on the terms of the divorce or on getting a divorce in the first place. But, since Kentucky is a "no-fault" divorce state, anyone can obtain a divorce based on the grounds of irretrievable breakdown; therefore, the majority of contested divorces are adversarial because of the terms of the divorce.

Uncontested divorces are the opposite since the divorcing parties manage to compromise on the terms of the divorce and part their separate ways. The typical uncontested divorce will proceed through the courts system faster, it will be less complicated, and more affordable than a contested divorce.

In the vast majority of contested cases, the parties will enter into a contested divorce over hotly contested issues such as child custody or property division, but before trial will reach an agreement on the disputed terms of the divorce; this is called the settlement.

One of the greatest advantages of a settlement is that neither spouse appeals it because they have both agreed to it and are presumably satisfied with the arrangement. Once both sides have reached a settlement, they are assured of the finality of the arrangement and litigation can end. If you are able to reach a settlement with your spouse, it's essential that you have your settlement agreement made so that it's legally binding and enforceable, because you can't afford to go off of your ex's verbal agreements alone!

Judges and attorneys in general prefer to settle out of court in an uncontested fashion; therefore, if you and your spouse are having great difficulty agreeing on the terms of your divorce, your lawyers will help you reach an agreement if at all possible. Hopefully you will not wind up going down this path, but to be realistic sometimes when a party has an unreasonable spouse, it's unavoidable. Regardless of the nature of your relationship with your soon to be ex-spouse, it's important to understand that uncontested divorces can turn contested and vice versa since the path of separation and divorce can take many unexpected turns.


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