Contested Divorce
A divorce is considered contested when both parties are unable to agree on one or more issues, such as child custody, child support, property distribution, asset distribution, debt allocation, and maintenance. Even though both parties may agree that they want a divorce, both parties must be in absolute agreement on all issues before the case may be resolved, or they must seek Court intervention to resolve the remaining issues.
When an agreement on the terms and conditions of a divorce cannot be reached, the family court will likely refer both parties to mediation. Mediation is a process in which both parties and their attorneys meet with an impartial third party, known as a mediator. The goal of mediation is to assist the parties and their attorneys in resolving any outstanding issues in the most amicable and cost-effective manner possible. Mediation is an invaluable tool for parties to find individualized solutions for their families. The job of the mediator is to keep the lines of communication open between both parties and to negotiate between the parties.
If the parties are unable to come to an agreement on all issues at mediation, the case will be scheduled for a hearing and/or trial for each party to present their arguments to the judge. Once the judge hears the case, he or she will make findings of fact and conclusions of law to resolve any outstanding issues. The length of time this requires varies based on the number and complexity of the unresolved issues as well as the parties’ willingness to compromise.
Often it is necessary to involve third party professionals to assist the parties in reaching an agreement or to serve as witnesses at trial. These professionals might include forensic accountants, business valuators, custodial evaluators, social workers, a Friend of Court, a parenting coordinator, or a Guardian ad Litem.
Kentucky is a no-fault divorce state, meaning that a divorce can be granted for any reason regardless of fault. However, fault may be considered by the court as a factor when dividing property assets, assigning debt, or awarding maintenance. To be granted a divorce in Kentucky, one party must have been a resident of the state for at least 180 days before filing a divorce petition and the parties must have been separated for at least 60 days before a divorce can be granted. If there are minor children involved, the parties must attend a divorce education class and must wait 60 days after the divorce action is filed to finalize their case.
Contested divorces make an already emotional and stressful situation even more difficult. We rely on our extensive experience to provide strong representation and will ensure your rights and financial interests are safely guarded for your future well-being.
It is imperative that you have a skilled and experienced advocate to assist you in navigating a contested divorce. Contact us to set up a consultation.