Getting a divorce is never an easy thing. The person that you once loved and cherished has now become a stranger and trying to divide your lives into two separate paths can be exhausting. They may try to fight you every step of the way as you work to untangle your finances, investments, real estate, and children.
Luckily, you don’t have to go through this alone. Clagett Law is Elizabethtown’s premier law firm, and as your divorce attorney, we’ll do everything we can to make the process as smooth as possible.
What Are the Four Main Things to Worry About With Divorce?
Regardless of whether or not a divorce is uncontested or contested, there are four main issues that the couple will have to consider:
Child custody
This will decide who gets custody of the children and whether the other parent will have visitation rights.
Child support
This will decide the appropriate amount of financial support that each parent will be responsible for providing.
Maintenance
This is a recurring fee to support the financial health of the other person.
Equitable division of assets and liabilities
This will decide how the couple’s financial holdings and burdens will be divided, including money in savings accounts, investments, or credit card debt.
While the couple may have other personal interests at heart, these are the main things clients can get help with by seeking out an Elizabethtown divorce attorney.
Contested vs. Uncontested Divorce: Understanding Your Options
When facing the difficult decision of divorce, understanding the different paths available can help alleviate some of the stress and uncertainty. At Clagett Law, we’ll guide you through the process, whether your divorce is contested or uncontested.
Uncontested Divorce
This is often the most amicable and efficient path to divorce. It means you and your spouse agree on all major issues, such as property division, spousal support, and child custody. Uncontested divorces generally involve less conflict, are more cost-effective, and can be finalized more quickly. We’ll work with you to ensure a fair and agreeable settlement is reached, minimizing the emotional toll on all parties involved.
Contested Divorce
When couples cannot agree on one or more of the major divorce issues, the divorce becomes contested. This can lead to a more complex and time-consuming process, potentially involving court hearings and negotiations. While contested divorces can be challenging, we’re here to advocate for your best interests and strive for a favorable outcome. We’ll utilize our negotiation and litigation skills to ensure your voice is heard and your rights are protected throughout the process.
It’s important to remember that even if your divorce starts as contested, it can transition to uncontested if you and your spouse reach agreements on all outstanding issues. At Clagett Law, we’ll explore all avenues to resolve your case as efficiently and amicably as possible, always prioritizing your individual needs and goals.
How an Uncontested Divorce Works in Elizabethtown
Often times, both parties mutually agree to separate. In many cases, this can make the process much easier, as the couple will have agreed on how to distribute and handle the four main issues in their relationship. This means there won’t be any fighting in court or arguments on what will happen next.
Having the services of Clagett Law as a divorce attorney in an uncontested divorce is essential. Just because the two parties in the divorce agree on what should be done, doesn’t mean these actions or divisions are equal or fair. Because Clagett Law is a small boutique firm, they can thoroughly investigate and analyze the ins and outs of the situation to make sure their client and any children involved are being treated fairly.
Some of the benefits of uncontested divorce include:
Lowered attorney fees, as the case will be both less involved and over much quicker than a contested divorce.
More amicable separation, which could be more beneficial for involved children.
Less information revealed to the public, as the client’s assets do not need to be filed in court.
Navigation of any local court rules and legal requirements necessary to successfully obtain an uncontested divorce
Divorce Lawyers Serving Kentucky
Getting a divorce is never easy. As you process a significant life change, the last thing you want is to be bogged down with legal or financial concerns. The right divorce lawyer can take this burden and guide you toward an optimal outcome. Call us today to speak with Elizabethtown’s experienced divorce lawyers, Clagett Law.
How a Contested Divorce Works in Elizabethtown
Unfortunately, many Elizabethtown divorces are contested. This means that the two parties involved cannot agree on all four major issues as noted above. Without a complete agreement, the divorce will need to go to court so the case can be heard by a judge. Then, after each side presents their case, it will be up to the judge to decide how to split up the assets. This may result in an outcome that is unfavorable for the client.
Clagett Law know that contested divorces can be a headache, so their goal is to try and avoid court at all costs. This may involve mediation sessions with the other party’s lawyer to try and settle out of court. With their excellent bargaining skills and compassion, they are often able to find a middle ground that works for everyone.
Some of the benefits of a contested divorce include:
The ability to fight for property or assets that the client believes should go to them.
The ability to fight for sole custody for children, especially if the other party is an unfit parent.
The ability to reevaluate the situation, as contested divorces do take more time than uncontested divorces.
What About Military Divorce?
Every divorce represents a unique situation, but divorces involving military personnel can be particularly complicated. If you or your spouse are currently in the military, you will need to seek a qualified attorney with ample experience handling military divorce cases. Our attorneys at Clagett Law are here to help.
As military divorce lawyers in Elizabethtown, Kentucky, we can help you navigate the ins and outs of a divorce involving the armed forces. We can guide you through the steps to reaching a divorce settlement and help you navigate military-specific complications, including impact on child custody, and the availability of military medical benefits and/or retirement benefits.
Divorce FAQs: Your Path to Understanding
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What Are The Grounds For Divorce In Elizabethtown?
In Elizabethtown, Kentucky, you can file for a no-fault divorce based on irreconcilable differences, meaning you and your spouse can’t agree on fundamental aspects of your marriage.
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How Long Does A Divorce Typically Take In Elizabethtown?
The length of a divorce in Elizabethtown, Kentucky can vary significantly depending on several factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the court’s schedule. Uncontested divorces can be finalized relatively quickly, while contested divorces may take several months or longer.
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Will I Have To Go To Court For My Divorce?
Not necessarily. While some court appearances may be required, many divorce-related issues can be resolved through negotiation, mediation, or collaborative law. Clagett Law can help you explore these alternative options to minimize conflict and find mutually agreeable solutions.
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How Is Property Divided In A Kentucky Divorce?
Kentucky follows the principle of equitable distribution, meaning that marital property (assets and debts acquired during the marriage) is divided fairly, but not always equally. The court considers various factors, such as each spouse’s contribution to the marriage, financial needs, and earning capacity.
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What Factors Are Considered When Determining Child Custody In Kentucky?
Factors considered include the child’s relationship with each parent, each parent’s ability to provide for the child’s needs, and the stability of each parent’s home environment.
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Can I Modify My Divorce Decree Or Custody Agreement Later On?
Yes, if there has been a significant change in circumstances since your divorce decree or custody agreement was finalized, you may be able to seek a modification. This could involve changes in income, relocation, or the child’s needs. The team at Clagett Law can help you assess your situation and guide you through the modification process.
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What Are My Options If My Spouse Is Hiding Assets?
If you suspect your spouse is hiding assets, it’s important to bring this to your divorce attorney’s attention. They can employ various strategies to uncover hidden assets, such as subpoenaing financial records, conducting asset searches, and engaging forensic accountants.
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How Much Will It Cost To Hire A Divorce Lawyer?
The cost of hiring a divorce lawyer can vary depending on the complexity of your case and the services you require. At Clagett Law, we offer a free initial consultation to discuss your situation and provide a personalized fee estimate.
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What Should I Do To Prepare For A Divorce?
Start by gathering important documents such as financial statements, tax returns, and property deeds. It’s also helpful to create a list of assets and debts, as well as any questions or concerns you may have. This information will be helpful for your attorney as they assess your case and develop a strategy.
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What Are My Rights As A Father/Mother In A Divorce?
Both parents have the right to seek custody of their child and to have a meaningful relationship with them. The court will determine custody arrangements based on the child’s best interests, considering factors such as the child’s relationship with each parent and each parent’s ability to provide a stable and loving home.
Make Your Divorce Easier With the Best Divorce Attorney in Elizabethtown
No one plans on getting divorced, but if it’s happening to you, we are here to help. Clagett Law is a small boutique firm, meaning we are intimately familiar with every case we take on. Our goal is to provide you with the highest level of service and legal prowess possible. We’ll work with you to understand what is realistic for your situation as we reach for the results you want from your divorce.
Best of all, we offer a free consultation so you can talk more with us about your case. Contact our family law firm today by calling (270) 900-0533.
