Uncontested Divorce

Uncontested Divorce Flat Fee Package

I want to get started.  What do I do?

If you have not already done so, please fill out our brief Uncontested Divorce Contact Form (link). Upon receipt, a link to our more detailed questionnaire will be emailed to you.  After we receive the completed questionnaire, we will evaluate any potential conflicts of interest and the particulars of the divorce procedure (including the cost of filing) in your county of residence. If we can take your case, you will receive a Representation Agreement. Should you decide to retain us and move forward, simply sign the Agreement, email it to us, and make payment of the legal and filing fees.

The completed questionnaire provides much of the information we require to complete your divorce, so make sure you fill it out thoroughly. Space is provided to list additional questions and concerns.

What is involved in the uncontested divorce process?

After we are retained, we will draft all of the necessary documents to complete the divorce based in part on your questionnaire responses. The court action begins when we submit a Petition for Dissolution, your spouse’s Entry of Appearance, and the filing fee.  At that point, there is a mandatory 20-day waiting period (60 days if the parties have minor children) before the Court can take the rest of the proof required to enter the divorce Decree. During the waiting period, you and your spouse exchange financial disclosure forms (as required by the Family Court Rules of Procedure & Practice) and we draft the final set of documents, including a Settlement Agreement. In most cases, after you and your spouse sign these documents, we submit them to the Court and simply await the Judge’s signature to finalize the divorce. Some counties do require a final hearing.

What is not included for the flat fee?

  • Consultation beyond one hour. Consultation includes communication between our attorneys and you, as well as communication between our attorneys and your spouse or their counsel
  • Hearings. As previously mentioned, most all counties in Kentucky do not require a court appearance to finalize an uncontested divorce. If you happen to live in a county that does require a hearing, then there will be additional costs associated with travelling to/from and attendance at court hearings.  See FAQ below regarding hearings.
  • Filing fees and postage.  The filing fee in Fayette and many other counties is $176 as of February 2016. We will cover up to $10 in postage expenses.
  • Service of process fees.  In an uncontested divorce, your spouse voluntarily enters the action at no additional cost. If your uncontested divorce becomes contested, you may be responsible for the cost of serving your spouse.
  • Additional documents not required to enter the divorce.  If your case requires Quitclaim Deeds, Qualified Domestic Relations Orders or certain additional documents, we can draft those for you at an additional cost.

Frequently Asked Questions

  • Do I need an attorney if my spouse and I agree on everything?
    • You may choose to represent yourself in any legal action.  That said, even an uncontested divorce requires a significant quantity of paperwork and knowledge of state and local rules.  Furthermore, if you are represented, our attorneys offer legal advice with our opinion on your best course of action.
  • What if I don’t know if my divorce is uncontested?
    • If you and your spouse have not specifically discussed the issues listed above, we cannot represent you for the flat fee.  We are happy to discuss representing you in a contested divorce, or you may wish consult with your spouse and see if you are in agreement.
  • I have significant assets and/or children. Can I still do a flat fee uncontested divorce?
    • Attorneys have many ethical duties to clients, including the duties to act diligently, thoroughly, and offer candid advice. If the parties have more complex issues, even if you agree on them, we may require more than the hour of consultation included for the flat fee to represent you competently.
  • Can you represent me outside of Lexington?
    • Yes. In most counties, an uncontested divorce can be completed by paperwork, without a hearing. If hearings are required, you may incur additional billing.
  • Am I likely to have to pay beyond the flat fee?
    • The vast majority of our clients who initially engage us for uncontested divorces are completed for our flat fee plus the filing fee. Clients usually only incur additional charges when what was initially believed to be an uncontested divorce becomes a contested one.
  • Does my spouse need their own attorney?
    • Often our client’s spouse does not retain their own attorney.  In such cases, they are representing themselves and we communicate directly with them. However, they may choose to retain their own counsel at any point in the proceeding.
  • Can you represent both me and my spouse?
    • No. Attorneys in Kentucky are ethically barred from representing both parties in a divorce.  So while we would communicate with an unrepresented spouse, we would not offer them any legal advice.
  • Is there a residency requirement for filing in Kentucky?
    • Yes.  To obtain a divorce in Kentucky, one party must have been a resident for 180 days preceding the filing of the action.
  • What if my spouse lives out of state?
    • Only one party must meet the residency requirement.   Your spouse must simply be able to receive and return the required documents and have access to a notary.  Note that we may or may not be able to move forward with the divorce if your nonresident spouse refuses to voluntarily appear in the action.
  • What if my children live out of state?
    • The court may not have jurisdiction to make decisions about child custody or support.  In such a case, we encourage you to describe your children’s residence in detail in your contact form so we may advise you properly.
  • What if I own property outside of Kentucky?
    • The Court cannot make decisions regarding out-of-state real property.  However, the divorce may still be granted.
  • My spouse and I still live together. Can we get divorced?
    • Yes. The parties must be separated at the time of filing and must have been separated for 60 days for the divorce to be entered. Separation does not require separate residences.
  • I’m pregnant. Do I have to wait to begin the divorce?
    • Minor children born during the marriage are presumed to be children of the marriage, so the Court will not enter the divorce until the baby is born.  That said, the divorce process may begin while the Wife is pregnant.
  • Will I have to appear in court?
    • So long as the divorce remains uncontested, most counties do not require a hearing. Instead, the divorce is entered based on written proof.  You will be notified if your county requires a hearing.
  • What if I can’t get in contact with my spouse?
    • The Court must have jurisdiction to enter the divorce decree and your spouse must be notified of the action. Depending on the facts of your case, you may still be able to get divorced in Kentucky. Describe your situation in detail in your contact form.
  • Can I email everything to you?
    • Correspondence by email is often the quickest and most convenient manner of communication. However, original documents must be submitted to the Court.
  • Can my spouse be required to pay my legal fees?
    • According to KRS 403.220, the court may, at its discretion and considering the financial resources of the parties, order one party to pay the other party’s attorney’s fees. However, because this typically requires filing a motion with the court, you would be responsible for the additional upfront cost.
  • Can I meet with you at your office?
    • Absolutely (by appointment), but you are not required to do so.
  • What if my spouse has a problem with the documents?
    • How we will proceed will depend on your particular case and your goals. Some disputes can be resolved in a short time, within the flat fee, and others become more complicated.
  • Will my spouse have to be served with the Petition?
    • No. Our attorney will prepare an Entry of Appearance for your spouse to be filed with the Court, acknowledging that they have received the Petition and are voluntarily appearing in the action. Only if they refuse to enter an appearance will another service method be required.

Legal Services Offered and Cost

Uncontested Divorce

Legal fees: $500 flat fee

To have our attorneys review your case, please CLICK HERE to enter basic info using our secure online form.

Uncontested Divorce with Minor Children

Legal fees: $700 flat fee

To have our attorneys review your case, please CLICK HERE to enter basic info using our secure online form.