Reasons Why You Need a Divorce Lawyer

You may be wondering if it is worth it to hire an attorney or if you can just handle the divorce yourself. Whether you are dealing with an uncontested or contested divorce, it is always a good idea to hire an attorney in order to protect your best interests. Here’s why:

While the decision to hire a lawyer is entirely up to you, we strongly advise that you not attempt to handle your divorce on your own. Rely on Richard David Lom to help you through this difficult process.

Not Every Divorce is the Same

Just as every relationship is unique, so too are the specific legal issues relative to your divorce. One size does not fit all. Regardless of your objectives, Lexington based divorce lawyer Richard David Lom is ready to assist you in the following legal matters:

Who Can File For Divorce?

Kentucky is a no-fault divorce state, meaning that a divorce can be granted for any reason regardless of fault. The spouse requesting the divorce does not need to show that the other spouse did something wrong and can simply assert that there is an “irretrievable breakdown” of the marriage. Fault, however, may sometimes be considered by the court as a factor when dividing property assets 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 there is a mandatory waiting period in Kentucky. Per KRS 403.044, sixty (60) days must elapse from the date the summons was served on the respondent party before the court will enter a decree of dissolution.

The Divorce Process in Kentucky

After your initial consultation with our firm, we’ll prepare and file the Petition for Dissolution and serve your spouse either by certified mail or Sheriff.  Upon receipt of service, your spouse has 20 days to file a Response. After your spouse files a Response, we share financial disclosures, and other documents, with each other and attempt to negotiate a settlement (a/k/a “Settlement Agreement”).

If settlement negotiation efforts fail, parties may proceed to Mediation—usually agreed to or court-ordered. Mediation is a great option to settle the divorce without undue cost or litigation. If all issues are not settled and agreed to at Mediation then the Court will schedule a Trial.

Litigation is the most expensive and time-consuming option, yet it is sometimes necessary if the parties cannot otherwise reach an agreement. Although the majority of Kentucky divorce cases settle without going to trial, there are situations in which the parties cannot agree on major issues.

In Kentucky, divorce cases are heard by judges, not juries. Typically, this judge is experienced in family law and qualified to hear domestic relations cases. Divorce trials can be particularly contentious and require an understanding of the complexities of Kentucky family law as well as the rules of court. That is why it is so important to retain an experienced Lexington divorce attorney to aggressively pursue the best outcome for you and your family.

When is My Divorce Over?

After your Settlement Agreement is filed and the court has issued your Divorce Decree, the marriage is legally dissolved. However, this does not mean that the matter has been concluded in its entirety. As with many final orders, such as, Child Custody, Child Support and Spousal Maintenance, circumstances may arise that subject these orders to modification. Life happens—children get older, jobs change, people move, people get remarried—and conditions that once made for a fair Settlement Agreement are no more. As such, even after the divorce has been finalized, you might find yourself back in court years later bringing, or defending, a motion to modify based on a change of circumstances.

Achieving a favorable divorce outcome should never come down to guesswork. Call Richard David Lom today for an in-depth consultation, 859-694-0960.