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What is Uncontested Divorce?

Many clients want a simple, uncontested divorce.  While this may be the intent of the client and the spouse, most also want what they want and are not willing to give in on a specific issue or issues.  For example, both parties may want the divorce to be simple, sharing custody of the children.  That said, one spouse may think sharing is 50/50 time and no child support while the other thinks that every other weekend and Tuesday nights is sufficient, and also expects to receive full child support pursuant to the Kentucky guidelines. If the case is truly non-contested, the parties would agree on the issues of legal custody, division of time and support for the child(ren).  Support may take the form of traditional child support, or may be a division of expenses.  Division of expenses should be specifically spelled out what is included and/or what is excluded from that to be divided.  Also, the parties should decide whether it is an equal (50/50) division of expenses or if some other division; often pursuant to percentage of total earnings. Other areas of which the parties need to agree for an uncontested divorce/dissolution include: division of assets, payment of temporary bills, division of debts and how to remove the other from responsibility, division of real estate and refinance concerns, premarital and other non-marital assets and how to restore those assets, division of retirement, pension and other accounts, and spousal support (if any).   Many lawyers will allow for a fixed fee for a truly uncontested case.  This fixed fee will generally include (1) Petition for Dissolution; (2) Entry of Appearance; and (3) Dissolution Settlement Agreement.  It will not include negotiations or mediation regarding the division, nor court appearances to determine temporary or permanent issues.  It will also likely include the Findings of Facts and Conclusions of Law as well as a Decree to finalize the case. Often excluded from fixed fee arrangements are Quit Claim Deeds for transfer of real estate and QDRO for division of retirement plans. If you have questions about divorce or dissolution and whether you may be able to proceed with an uncontested case, call Michael Bouldin at 859-8106453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE.

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