Divorce & Collaborative

Generally speaking, filing for divorce in a Kentucky Family Court, requires that you:

• Meet the residency requirements. 
• File the appropriate paperwork including a petition for dissolution of marriage along with any other necessary forms and waivers that will vary depending on your situation.
• Serve the paperwork on your spouse. This can be done in a variety of ways and at varying costs.
• It is always recommended that you attempt to reach a separation agreement regarding the distribution of your marital assets, debts and other items unique to you. This will also address custody of and parenting time with minor children.
• Depending on whether your divorce is contested or uncontested, you can expect to attend case management conferences to discuss progress and possibly mediation to resolve disagreements throughout the process.
• If there are any remaining issues to resolve, a Judge can decide at a hearing.
• Depending on your situation and whether your divorce is contested or uncontested, a final hearing date will be set and your divorce will be finalized.

While these are very general steps in the divorce process, Kentucky law specifically requires that you follow certain timelines when filing a petition for dissolution and prior to the finalization of your divorce. We are happy to help you navigate the divorce process and protect your interests throughout the process. Emotions run high during a divorce and our goal is to maintain communication, treat you with compassion and empathy, and ensure that you achieve an equitable distribution of property.

When filing a petition for dissolution involving minor children, Custody and Parenting Time becomes a pivotal part of the process.

If you would like to discuss the Kentucky divorce process, we are ready and happy to assist.

When facing the end of a marriage, couples often assume that contentious litigation is their only option. At Woods Law, we believe there's a better way. Collaborative divorce offers separating spouses the opportunity to work together respectfully and constructively to reach agreements that serve their family's best interests, all while avoiding the stress, expense, and uncertainty of traditional court proceedings.

Collaborative divorce is a voluntary process where both spouses commit to resolving their divorce outside of court with the help of trained professionals. Each spouse retains their own collaborative attorney, and together, the team works to negotiate fair settlements regarding property division, child custody, spousal support, and other important matters. The process is built on principles of transparency, respect, and creative problem-solving.

Unlike mediation, where a neutral third party facilitates discussions, collaborative divorce ensures that each spouse has dedicated legal representation throughout the process. This provides the security of having an advocate while maintaining the cooperative spirit that makes collaborative divorce so effective.

Collaborative divorce offers numerous advantages over traditional litigation. The process typically costs significantly less than going to court, as it avoids lengthy discovery procedures, depositions, and trial preparation. More importantly, it allows families to maintain control over their outcomes rather than leaving crucial decisions in the hands of a judge who may not fully understand the nuances of their situation.

Privacy is another key benefit. Court proceedings become public record, but collaborative divorce discussions remain confidential. This discretion is particularly valuable for families with children or those who wish to keep their personal matters private. The collaborative process also tends to preserve relationships better, which is especially important when children are involved and co-parenting will continue long after the divorce is finalized.

One of the unique aspects of collaborative divorce is the team-based approach. Beyond the collaborative attorneys, the process may include neutral financial professionals who can help with complex asset valuations and tax implications, as well as divorce coaches or child specialists who focus on the emotional and practical aspects of family transitions. This interdisciplinary approach ensures that all aspects of the divorce are handled by qualified professionals.

The collaborative team works together to identify each family's priorities and concerns, then develops creative solutions that might not be available through traditional court orders. This flexibility often leads to more satisfying and sustainable agreements that truly work for everyone involved.

Collaborative divorce works best when both spouses are committed to the process and willing to communicate openly and honestly. It's particularly well-suited for couples who want to minimize conflict for their children's sake, maintain some level of relationship post-divorce, or who have complex financial situations that benefit from creative problem-solving.

While collaborative divorce isn't appropriate in cases involving domestic violence or when one spouse is unwilling to disclose financial information honestly, it can be an excellent option for many divorcing couples. The key is having two people who are willing to work together toward fair solutions, even if they can't remain married.

At Woods Law, our experienced collaborative divorce attorney is trained in both the legal and interpersonal skills necessary to guide you through this process successfully. We're committed to helping you achieve a resolution that protects your interests while preserving your dignity and your family's well-being. Contact us today to learn more about whether collaborative divorce might be the right path for your situation.

When a collaborative divorce involves minor children, Custody and Parenting Time becomes a pivotal part of the process.

Visit the Academy of Northern Kentucky Collaborative Professionals to learn more about the team of collaborative divorce professionals at www.nkydivorce.com.

If you would like to discuss the Kentucky collaborative divorce process, we are ready and happy to assist.