Uncontested divorce (also called a “no-contest divorce”) means you and your spouse both agree to get a divorce, and you agree who is getting what. Courts allow divorces where the parties agree to be fast-tracked through the system.

We charge $400 as the attorney fee to get all of this paperwork created and signed by you and your spouse. When the paperwork is signed and ready to file, you pay $295 to get it filed with the court and finished. You only have to pay the $400 up front. The rest can be paid when it’s time to file.

We don’t recommend it and have written about it HERE.  There is a stack of legal pleadings that you need to file, and each has to follow a very specific format. Also, each local court in Kentucky sets specific rules for how you must file or submit pleadings, so the process can vary depending on where you file your case.  That’s why websites that offer to generate the paperwork can fall short. With us, you know you’ll be doing it right.

As I wrote HERE, just ask any clerk who works in your court house. Listen to what they have to say about buying the pleadings from a commercial website.

They don’t tell you that you may have to appear in court where you want to file the divorce (and take off work to do it). They don’t tell you if your judge requires marital counseling or parenting classes. They take your money and give you forms. Some may let you pay extra for a consultation with an attorney, but by that time you could be paying more there than you would here.

We handle a high volume of uncontested divorces and use an efficient system to complete them conveniently. We also understand that you are going through a difficult time, and we agree with you that paying a lot of money for something that you already agree to is unnecessary.

You or your spouse need to be a Kentucky resident for the past six months.

Once you both have signed all of the documents, we file the signed pleadings with the court.  That starts a mandatory waiting period.  If you have children under 18, Kentucky law requires the parties to wait 60 days after filing the divorce before the judge can sign the final order. If there are no children, you can get your divorce granted much faster.

No. We handle these cases in a way that does not require either of you to go to court to give testimony to a courtroom full of people.  We do it all on paper.

No. In Kentucky, you can file an uncontested divorce in any county in the state. We file all our divorces in one of 4 counties that are local to our law firm because we are very familiar with our local courts’ requirements and expectations. These counties may or may not be the country where either of your live, so take this into consideration when hiring our firm.

You and your spouse will sign a printed copy of the pleadings either (1) at our office or (2) with a notary where you live. You and your spouse do NOT have to sign together or at the same time. You also do not have to use the same notary. You can sign the paperwork at different times with different notaries if you want.

No.  You can sign separately and never have any contact during the entire process.

Yes. You can review the documents over email, and then you and your spouse can physically sign them either together or separately. You can even use your own notary if that is more convenient for you or your spouse.  Please note that we cannot notarize signatures for your spouse unless you are present as well.

Yes. All you have to do is tell us what name you want to go back to and the judge will likely grant the name change. You’d still have to take further steps like visiting the Social Security office or driver license office/DMV to make sure your personal and financial documents reflect the change.

Then it is no longer an uncontested divorce.  Make sure that BEFORE you hire us that you both agree to everything.

The divorce will proceed in the same way, but there is a 60-day waiting period required under Kentucky law once we get file the signed documents.

It’s easy. Just make sure you include the details of the agreement(s) in the packet you fill out for us. We will guide you through and answer any questions.

Yes, they can. As long as the two of you agree, the divorce will reflect it.

Yes, but a Kentucky court will not grant the divorce until after the baby is born.  This is because Kentucky law clearly states that when a pregnancy occurs during a marriage, it legally considers the non-pregnant spouse as a parent. It does not matter if the baby belongs to another person or not. The court must determine the paternity of the baby during the divorce. If the parties are in agreement, there are papers you can sign after the child’s birth to clear this up and allow the divorce to proceed. It is very important that you let us know as soon as you aware aware of the pregnancy.

That’s okay.  We can mail the divorce documents to your spouse for signature. They can use their own notary if possible. They would need to mail the signed documents back to us.

It does not matter. As long as he or she agrees to the divorce and is willing to sign with a notary, the court will grant the divorce.

No. You only have to be “separated.” The word “separated” has a legal definition that is different from the the normal use of the word.  Separated means “no longer living together as man and wife.” This could mean that you live separately in different homes, but it also means that you have been living together without sexual co-habitation.

Very little if none at all. Kentucky law requires both parties to agree that the marriage is “irretrievably broken.”  After that, only statistical information is provided to the court (dates of birth, date of marriage, date of separation, etc) to ensure that you qualify for a divorce.

No. Kentucky is a “no-fault” state. The reasons for the divorce are irrelevant. It won’t be mentioned.

No. You are free to list as many or as few assets as you want.  If the two of you can informally divide assets, or if you already have done so, we can just put that in the paperwork and the court will respect your privacy.

Probably not.  Annulments are very rare under Kentucky law.  Annulments only apply to very specific situations like:

1. Mental incapacity
2. Lack of capacity to consent due to alcohol, drugs, or incapacitating substances
3. Force or duress
4. Fraud
5. Lack of consummation of the marriage

In other words, courts look to whether consent was valid or if there was some sort of fraud or misrepresentation.  The vast majority of cases do not qualify for annulments, but if you feel that the validity of the marriage is in question, please contact us today to discuss.

Yes. After you retain us, you may take as much time as you need to pay the fees. We begin preparing your divorce paperwork once the $400 fee has been paid. The costs and filing fee of $295 is only due when you are ready for us to file your case. Please feel free to contact us if you have any questions about payment options.

It does not matter. Sometimes one spouse pays the entire amount, sometimes the spouses split the costs in some way.  But it is important to note that our law firm does not represent BOTH of you in this divorce. The spouse who contacts our office will be the client. The other spouse may review the documentation with their own attorney if they wish.

Our law firm does not file contested divorces.  We only do uncontested divorces.  A contested divorce can cost EACH spouse between $3,000 and $10,000.  You may know someone who has paid much more than that. The cost of a contested divorce is why it is advisable to first explore the possibility of an uncontested divorce.  However, if an uncontested divorce is just not something that the two of you can agree on, you should contact a contested-divorce attorney as soon as possible.

We can incorporate that into the divorce while protecting the privacy and details of the prenuptial agreement. We do not have to file the prenuptial agreement if you want to keep it private.

Yes. We can provide you with quitclaim deed. This removes one spouse from the deed, and you can use it with the mortgage company or bank as proof.

Yes.  Each party is always free to petition the court to make any changes (child support, child custody, etc.).

Each party is always free to petition the court to make any changes (child support, child custody, etc) or to enforce any agreements from the divorce.

Yes. Call our office at 859-498-1283 and simply say that you would like a divorce packet mailed to you.