There are several paths that Kentucky residents can take to end their marriages. For some, traditional litigation in the courts of the state will accomplish their goal of divorcing and help them resolve their existing conflicts. However, others may wish to find more cooperative methods for bring their relationships to their ends.
This post offers information on three different ways that divorce can be sought in Kentucky. It does not advocate for one form over any others and it does not provide any legal advice. Individuals who wish to divorce can talk to their own divorce and family law attorneys about what options may best serve their needs.
Divorce through the courts
The most traditional method of divorce is through litigation. A litigated divorce is one that goes through the court and involves a judge. While parties to a litigated divorce may have options for settling their own support, custody, and property division matters, their agreements must be reviewed and approved by their court before they become orders.
Divorce through mediation
A mediated divorce is one that does not involve a courtroom. Instead, the parties to a mediated divorce meet with a third-party mediator who does not represent either of the individuals involved in the divorce. The mediator does not tell the parties how to resolve their differences, but rather offers them options for how to move their divorce forward.
Divorce through collaboration
The backbone of collaborative divorce is cooperation. During a collaborative divorce, the parties to the matter with together with their attorneys to bring about resolutions to their differences. As in mediation, when resolution is found, the parties may have their marriage legally dissolved.
For some, there is fluidity between the three discussed divorce formats. If mediation or collaboration break down, parties can move their divorces into the courts. In order to determine the best course of action for one’s particular divorce case, consultation with a family law attorney may be helpful.