The decision to divorce can be difficult to make, particularly if children are involved. At Barrow Brown, our divorce lawyers strive to make our clients as comfortable as possible in this emotionally and financially challenging time. Divorce often involves complex issues, including division of assets, property and debt, child custody and visitation, and spousal support. We know that every family is unique and our attorneys approach your unique circumstances to help your divorce proceed smoothly.
Contested or Uncontested Divorce?
In Kentucky, divorces are considered “no fault,” making it easy to obtain a divorce so long as one party feels that the marriage is “irretrievably broken.” This means that, once a party has filed for a divorce, the other party can do little to prevent the divorce process from moving forward.
In an uncontested divorce, the spouses agree to divorce and can agree to all terms of the dissolution, settling all matters of property, debt, spousal support, custody and child support. In an uncontested divorce, an lawyer can draft all of the required documents and the parties can avoid going to court. Uncontested divorce can save a considerable amount of money, as only one lawyer is necessary in most cases. However, uncontested divorce only works when there is no issue in dispute.
A contested divorce, on the other hand, means that the couple cannot agree to the terms of the divorce. In such cases, divorce attorneys must litigate all of the contested issues before a judge. At Barrow Brown, our divorce lawyers are prepared to aggressively represent your interests and get what you want from divorce litigation.
Some counties require mediation before a case is litigated. In mediation, the parties and their divorce attorneys meet with a mediator in an attempt to settle the outstanding issues. The mediator, who is trained in dispute resolution, acts as a neutral third party. All mediations are confidential, allowing the parties to express their concerns without the fear of damaging their case for litigation. At Barrow Brown, our divorce lawyers are skilled at helping you reach a fair settlement in even the toughest cases.
Collaborative Divorce
Collaborative Divorce is an emerging practice that seeks to resolve divorce matters through cooperation and without going to court. In collaborative divorce, both parties work with their divorce lawyers, a financial adviser and mental health professionals as a team to address the unique needs of the family being dissolved. Because collaborative divorce stresses cooperation throughout the entire process, clients are often able to attain a better outcome than leaving vital decisions in the hands of a judge.