Skip to content

Contested Divorce: How and What to Prepare

Preparing for a Contested Divorce in Kentucky

When you decide to end your marriage, there are two main routes you can consider — contested divorce and uncontested divorce. An uncontested divorce means you and your spouse agree on all issues relating to the divorce. There are no disagreements at all. While this is the easiest way to divorce, it is not a common occurrence.

A contested divorce, on the other hand, is when there is disagreement about one or more issues, such as property division, child support, child custody, and alimony. Sometimes the problem is with both spouses, but in many cases, there is one party trying to agree and negotiate, while the other party is purposely being stubborn and trying to delay the process.

Child custody matters are contested the most, although alimony, child custody, and property division can also bring about issues in a divorce. These issues can waste time and money, so your best course of action is to be prepared. If you expect a contested divorce, there are some things you can do to make the process easier.

Hire a Litigator for your Contested Divorce

There are many family law attorneys out there, but not all are litigators. A litigator is experienced in working in the courtroom and is not afraid to fight your case. Most family law attorneys will make you avoid the courtroom, and in many cases, that is ideal. However, there are cases when there is a lot of conflict involved, and you need someone who is not afraid to fight for you in court.

Contested divorce

Gather Financial Documentation for Contested Divorce

Collect all paperwork you have relating to financial data, such as bank statements, pay stubs, tax returns, and any other financial account information. Be sure to make copies or save electronic versions so you can easily access them.

Understand Parenting Plan Guidelines

If there are children involved, you will need to create an effective parenting plan that follows Kentucky state laws. You can find the guidelines under Kentucky Revised Statutes, Chapter 403.00, Dissolution of Marriage – Child Custody. There are different custody schedules that you can adhere to based on what makes the most sense for your situation. Some apps can help you create a parenting plan or you can ask your lawyer for assistance.

Be Patient

Contested divorces take longer than uncontested ones. You could be waiting 18 months or longer to get your divorce finalized, so do not expect things to happen overnight. You are at the mercy of the court schedule, so it could take months before you even get a hearing scheduled. A contested divorce is an exercise in patience.

Contact Us Today

While an uncontested divorce is often the easier route, sometimes there are situations in which you will need to prepare for a contested divorce.

If you are contesting your divorce, you need the right legal help on your side. Velez Law, PLLC can help you fight your case so you get a fair outcome. Fill out the online form or click below link to schedule a consultation.