What Is the Difference Between an Uncontested Divorce and a Contested Divorce?

Kentucky Divorce Attorney Giving You the Representation You Need for Contested Divorces

No one gets married expecting for their relationship to end in divorce. Everyone hopes they’ve finally found “the one” and can settle down happily ever after. Unfortunately, this isn’t always the case. This is especially true in Kentucky. In 2024, Kentucky had the fifth highest divorce rates in the Unites States. In 2022, about 20% of Kentucky women were going through a divorce. Currently, about 13% of all Kentuckians are currently divorced.

The State of Kentucky recognizes not all marriages will last. It also recognizes divorce can be a difficult process. This is why Kentucky differentiates between Uncontested and Contested Divorces. Depending on your relationship, it may be easier to get divorced in Kentucky than in other states.

How Can I Get Divorced in Kentucky?

Kentucky is a no-fault divorce state. This means that one spouse can file for divorce at any time for any reason. The other spouse does not necessarily have to have done anything to “warrant” the divorce like cheating or abuse. There are two requirements to file for divorce in Kentucky:

•       One Spouse Must Have Lived in Kentucky for at Least 180 Days
•       Divorce Papers Must be Filed in a County Where One of the Spouses Lives

As long as both of these requirements are met, one spouse can file for divorce from the other at any time for any reason. This is to allow the possibility for divorce in Kentucky to be as quick and easy for both parties as possible.

In at-fault divorce states, one spouse brings accusations against the other spouse. These accusations say the other spouse engaged in behavior that caused the marriage to end. This can lead to drawn-out legal battles. Since Kentucky is a no-fault divorce state, this does not have to be the case. This is especially true in the case of an uncontested divorce.

What is an Uncontested Divorce in Kentucky?

An uncontested divorce is a type of divorce recognized in the state of Kentucky. It is also known as a “simple divorce.” This is because it is a quick and easy process compared to other types of legal divorces. An uncontested divorce allows for couples to amicably split up without having to go through potentially contentious court proceedings.  An uncontested divorce can occur if both spouses agree on all matters important to the end of the marriage. These usually include:

•       Maintenance (also known as alimony or spousal support)
•       Child Custody

      Parenting Time 

      Child support 

•       Asset Distribution
•       Property Distribution/Living Arrangements
•       Debt Allocation

If both spouses can agree on all of these matters, they can have an uncontested divorce. An uncontested divorce is a quick and easy process that legally ends the marriage. An uncontested divorce does not necessarily mean the spouses are “friends” or friendly or that there aren’t any relationship issues between them. It simply means both spouses have agreed they no longer wish to be married. It also means they have come to a resolution on how their marriage will end without the court becoming involved.

There are several advantages to spouses being able to decide on an contested divorce. Compared to contested divorces, uncontested divorces are:

•       Quicker
•       More Private
•       Less Complicated
•       Less Expensive

Expense can be a major issue in reaching an uncontested divorce. The average cost of a contested divorce can range from  $5,000.00 to over $20,000.00 depending on the complexity of the issues and the amount of litigation. This cost is greatly reduced in an uncontested divorce. A key factor behind this is court costs.

What is a Contested Divorce in Kentucky?

A contested divorce arises when both parties are unable to agree on one or more elements of the divorce. This can be anything from which partner will get ownership of a home in which the couple has been living to child custody arrangements. In this case, the couple will likely need to attend mediation and may need to go before a judge. If an agreement cannot be reached through mediation, each partner must present their case to the judge and argue on why the judge should rule in their favor. The judge must reach a decision on each element of the marriage the couple can’t agree on.

A contested divorce can be a long and drawn-out process. Each side may decide to call witnesses and/or introduce evidence. This can lead to painful information and memories being shared in open court. If children are involved it may require the appointment of a Guardian ad Litem, Friend of the Court, or involving the children in the litigation process. 

Even if children aren’t involved, a contested divorce can take a long time to complete. This means multiple appearances before a judge. Each time the couple appears before a judge, costs must be paid to the court. This process can become incredibly expensive over time.

What Should I Do if I’m Facing a Divorce in Kentucky?

Ending any relationship is difficult. It can be especially difficult in the event of a contested divorce. If a marriage has to end in Kentucky, most people would hope it could resolve with an uncontested divorce. This would help to eliminate or reduce court costs, minimize conflict for children, and eliminate the need to possibly introduce damaging or embarrassing information before a judge.

If you or a loved one are considering or going through a divorce in Kentucky, don’t hesitate to contact Durrett & Kersting Law, PLLC, located at 7508 New La Grange Rd., Ste. 3, Louisville KY 40222 – (502) 420-2863. We want every couple to have the closure they need with as little difficult in ending the marriage as possible. If we can, we like to help couples reach an uncontested divorce and avoid the potential pain, time, and costs of a contested divorce. If this isn’t an option, we like to be able to help one party move through divorce as quickly and stress-free as possible.

Just because you’re going through a divorce doesn’t mean it has to be difficult or stressful. If you or a loved one are contemplating divorce, call Durrett & Kersting Law, PLLC at 502-420-2863 or email us for a free consultation. Not every ending has to be an unhappy one.