Not every divorce is adversarial. In some situations, a couple is able to come to an agreement on the division of marital property and debt, the restoration of nonmarital and premarital property, and issues relating to their children. If a couple is able to reach an agreement on their own, uncontested divorce may be right for them. In an uncontested divorce, while not representing both parties, the attorney prepares all of the documents for both parties, based on their agreement. Filing an uncontested divorce can reduce the cost, stress, and time typically associated with a contentious divorce.

Together the parties will agree on how their affairs are to be settled, and the attorney will draft all of the documents, for both parties, required in the divorce. The agreement entered in to by the parties will become an Order of Court, and is therefore enforceable with the Court, and subject to sanctions for Contempt of Court if the Orders are not followed.

In Jefferson County, Kentucky, and most other counties in Kentucky, the parties are not required to go to Court. The lawyer drafts the documents for the parties and files them with the Court once the parties have signed them.

Because the attorney who is drafting the documents only represents one party in the divorce action, the other party may consider have outside counsel review their documents. If your spouse has had documents prepared by another attorney, we offer document review services.

If you have questions regarding an uncontested divorce contact Durrett & Kersting today.