There are no “normal’ or “average” dissolutions of marriages. A “dissolution” is the legal term for a divorce—the “dissolving” of a marriage. We are experienced to know how to handle each unique circumstance of our clients.
There are two general types or ways of getting a divorce—contested and uncontested. There is also an option known as a “Limited Divorce” when you do not know where your spouse resides.
Uncontested
Who?
Uncontested divorces involve you, your spouse and our office. We have been doing uncontested divorces since 1965 and have almost 100 years of divorce experience in our office. Your spouse has the option of signing the paperwork we prepare or may take the documents to another attorney for review.
If you are presented with uncontested divorce paperwork from your spouse, we STRONGLY suggest that you have our experienced attorneys review the documents and advise you on what the best course of action is—sign or ask for changes.
What?
An uncontested divorce means that the spouses agree on all issues—property division, spousal support, division of debts and custody, if applicable.
When?
Or HOW LONG DOES IT TAKE? As soon as we finish with our initial consultation, we can draft all the documents within a few business days. Once you and your spouse have signed the documents, we file them immediately. If there are no minor children, we find that most judges sign your divorce in 1 to 2 weeks. If you have minor children, Kentucky requires judges to wait 60 days before signing a divorce. We file the decree immediately after the 60 days. Again, most judges will sign your divorce in 1 to 2 weeks.
Where?
We are located in Louisville, KY but can handle uncontested divorces in any Kentucky County. We can meet in person or do our consultations and other communication by phone and/or email if getting to our office is difficult or impossible.
You DO NOT need to appear in Court!
If you have children, Kentucky requires parties to attend a divorce education class called “Families In Transition.” The six-hour (either three two-hour sessions of two three-hour sessions) class is attended by both parties, separately, and any children from 5 years up to 18 years of age. The goal of the program is to help parents avoid many of the emotional and behavioral pitfalls often associated with divorce. Providers of the program can be found here.
How?
We start with an initial consultation. We would need the following information at the initial consultation:
- Full names, dates of birth, addresses and social security numbers for you, your spouse and any children
- Date and place of Marriage
- You and your spouse’s employer, job title and approximate income
- Addresses where the children have lived in the last five years, if applicable
- The case number and location of any other court actions involving you, your spouse and/or any children
Contested
Who?
Contested divorces—like uncontested cases—involve you, your spouse and our office. We have been doing divorces since 1965 and have almost 100 years of divorce experience in our office. Your spouse has the option of hiring an attorney to represent them through the entire process—we STRONGLY suggest that you and your spouse each have their own attorney.
Contested divorces may also involve appraisers, doctors, psychologists, custodial evaluators, accountants and another experts or professionals to help you or the Court arrive at an answer to an issue or question.
What?
A contested divorce means that the spouses DO NOT agree on all issues—sometimes not even agreeing on the need for a divorce. Contested divorces end in two ways: agreed settlement between the parties or a judge deciding on the disputed issue(s)
When?
Or HOW LONG DOES IT TAKE? A contested divorce can take weeks, months and—sometimes, years. Depending on the issues at stake and if other professionals need to become involved, divorces can take quite some time. We do everything in our power to make the process as quick as possible—we know that no one wants a divorce “hanging over their head” for any long period of time.
Where?
We are located in Louisville, KY but can handle contested divorce in any Kentucky County. We can meet in person or do our consultations and other communication by phone and/or email if getting to our office is difficult or impossible.
You MAY NOT need to appear in Court. Often times we are able to reach an agreed settlement (either through attorneys and our clients or through mediation).
If you have children, Kentucky requires parties to attend a divorce education class called “Families In Transition.” The six-hour (either three two-hour sessions of two three-hour sessions) class is attended by both parties, separately, and any children from 5 years up to 18 years of age. The goal of the program is to help parents avoid many of the emotional and behavioral pitfalls often associated with divorce. Providers of the program can be found here.
How?
We start with an initial consultation. We would need the following information at the initial consultation:
- Full names, dates of birth, addresses and social security numbers for you, your spouse and any children
- Date and place of Marriage
- You and your spouse’s employer, job title and approximate income
- Addresses where the children have lived in the last five years, if applicable
- The case number and location of any other court actions involving you, your spouse and/or any children
After the consultation, we prepare and file the Petition for Dissolution (after your review and signature) and serve your spouse either by certified mail or Sheriff. Once serve, your spouse has 20 days to file a Response.
After your spouse files a Response, we share financial disclosures with each other and attempt to negotiate a settlement.
If settlement negotiation fails, we attend mediation—usually agree to or court-ordered. Mediation is often a successful way to settle the divorce. We have a tremendous amount of experience settling divorce before mediation, at mediation and after mediation.
If all issues are not settled and agreed to at mediation then the Court will schedule a Trial. With almost 100 years of experience, we are ready, willing and able to go to trial and fight for what you feel you deserve.
Limited Divorce
Who?
Limited divorces are used when you are unable to locate where your spouse is living. A Warning Order Attorney is appointed by the Court to send notice to your spouse’s last known address. If you spouse does not respond, we can still obtain a limited divorce for you.
What?
A limited decree or limited divorce ONLY divorces you and your spouse. It does not deal with ANY property or custody issues. It serves to separate future finances and future property interests.
When?
Or HOW LONG DOES IT TAKE? As soon as we finish with our initial consultation, we can draft all the documents within a few business days. Once you have signed the documents we file them immediately and ask the Court to appoint the Warning Order Attorney. That attorney has 50 days to file a report with the Court advising whether they were able to contact your spouse or not. Once the report has been filed, we immediately file for the Limited Decree. As with “regular” divorces, we find that most judges sign your divorce in 1 to 2 weeks.
Where?
We are located in Louisville, KY but can handle limited divorce in any Kentucky County. We can meet in person or do our consultations and other communication by phone and/or email if getting to our office is difficult or impossible.
You DO NOT need to appear in Court!
How?
We start with an initial consultation, file the Petition and wait for the report from the Warning Order Attorney. We then file for the Limted Decree after the report has been filed with the Court.
Legal Separation
Legal separations and the processes are nearly identical to the divorce procedures set out above. The main difference between a dissolution and a legal separation is the fact that in a legal separation when all is said and done, you are still married. In addition, when your decree of legal separation is final, you are then not eligible to petition for a dissolution of marriage for one year.
At the duration of one year, you may petition the court to grant a full dissolution of marriage.
Reasons why you should consider a legal separation are:
- Religious or moral opposition to divorce
- Your or your spouse need to keep certain medical insurance benefits and social security benefits
