Kentucky petition for dissolution of marriage
It is advisable to read over all the information you find on the site. The more you know during your divorce, the better you can look after your interests. One of the services offered by Legal Aid is a Self-Help divorce section, where you can find some divorce papers and assistance in filing for your divorce. If you find any of this information confusing, understand that this is normal.
How Do I File for Divorce in Kentucky?
Unless you have legal training, the number of available forms and the legal terms can be overwhelming. For many people, getting online divorce forms from CompleteCase. At CompleteCase. You can rest a little easier, knowing that you are submitting the right paperwork and avoiding the potential delays that come from submitting the wrong documents. When you have completed all of the required Kentucky divorce papers online or otherwise, you will want to print an original set as well as two additional copies.
You will need a set of documents to present to the clerk, a set for your records and a set to present to your spouse. Before you leave to go to the court and file, make sure you call the county clerk. Verifying with the clerk that you are bringing all required documents and that you are bringing a form of payment that the court accepts for the state filing fee. Avoid signing your divorce papers until you can do so in front of a notary.
The court will only accept notarized forms. Most courts have a notary on hand, but you will want to verify this before you go to file. Take your divorce papers to the courthouse and tell the clerk that you would like to file. The clerk will accept your filing fee, stamp your documents and file them. The clerk will also stamp your other sets of documents, one of which you will serve to your spouse.
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- The Divorce Process in Kentucky!
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Keep in mind that if you cannot afford the filing fee, you may be able to get it waived. If it is accepted by the court, your fees will be waived. Upon filing, the clerk should let you know that you have 45 days to serve copies to your spouse. It is advisable to begin the serving process immediately, as sometimes there can be delays. For legal separation to take place, at least one spouse must be a resident of Kentucky for at least days prior to filing and that the two spouses have lived apart from each other form at least 60 days.
There is then a day waiting period from the time you file your request to when the judge can approve or deny it. At any time, the legal separation can be converted to an actual divorce case by either party.
Keep in mind though, that in Kentucky, you must be legally separated for a minimum of one year before either spouse can ask for a formal divorce. Annulments can be granted in Kentucky and mean that a marriage is considered null and void, as if it never happened. This is different from a divorce which simply ends a marriage. To be granted an annulment in Kentucky, you must meet one of the following conditions that were present at the time the marriage took place:.
Uncontested Divorce in Kentucky
There is a statute of limitations to filing an annulment for some conditions. You must file within 90 days of finding out the reason for the annulment if it is due to force, duress or fraud. For any of the other reasons, you have one year to file from the time of discovery. Divorce is a permanent and legal end to a marriage. All ties are severed, assets are divided, custody and alimony issues are resolved, and each spouse goes their separate way after a final decree is issued. Kentucky only allows for divorce on a no-fault basis. This means all you must do when you file is state that the marriage is irretrievably broken.
No other explanations are needed, and you will not need to state a specific reason for the divorce beyond that. One of the first things you must decide is what kind of divorce you want. There are several possible options in Kentucky. Determining what kind of divorce you want is critical because it sets the stage for several other decisions and activities you will need to pursue. The relationship you have with your spouse will be a primary consideration. If you can agree to work together and trust each other to come to amicable decisions, you may be able to save a lot of time, money and grief instead of going through a fully contested case.
To learn more about your divorce options in Kentucky, be sure to check out our guide on The Types of Divorce. This will help you form the most strategic and appropriate direction for your set of circumstances. The basics of all divorces in Kentucky are pretty much the same no matter what direction and method you choose. There are some initial steps that need to be handled so that you can move on to the next step of the process.
Gather important information. Starting as early as possible in this task and staying organized as you go will save you time, money and peace of mind.
Divorce Support - Kentucky Divorce Laws
Gathering information is critical to make sure that your side of the divorce is represented properly and that you are able to get the best outcome possible for your situation. Complete the initial paperwork. After you decide what kind of divorce you will pursue, you will need to fill out several forms and submit them to the court to start your divorce in Kentucky. You can retain an attorney to help you with this process who will make sure you are using the right forms and that they are filled out correctly.
If you proceed on your own, at a minimum, you will need to complete the summons and petition for divorce, the case data information sheet, and the certificate of divorce. If children are part of the divorce, you will need to complete several additional forms as well. If you are attempting to go through an uncontested divorce, you should also be prepared to submit a marital settlement agreement as well.
Court personnel are not able to provide legal advice, but they will check to make sure your forms are completed properly. File your forms. You must then serve your spouse with copies of the divorce papers to legally make them aware of the divorce petition. In Kentucky, proof of service must be completed by making sure divorce paperwork is delivered to the other spouse. This can be done either by certified mail, or by having a person over 18 years old personally deliver the paperwork.
If you believe yours will be a contested divorce, then you need to start by filing a Petition for Dissolution of Marriage and contacting a Kentucky divorce attorney. In addition, you and your ex will need to draft a marital settlement agreement — a document in which you outline your decisions about property, debt, parenting responsibilities, and so on. For uncontested divorces, this is where an attorney comes in especially handy. After all, even the most amicable of separations can lead to major legal headaches.
An experienced and empathetic lawyer can drastically simplify the process and help you reach a fair and fitting arrangement for your specific needs and goals. Regardless of whether your divorce is contested or uncontested, at some point you and your ex will need to hash out the details of your separation, including:. Setting clear goals and realistic expectations now can help you prepare for the remainder of the divorce process. To learn more, we encourage you to check out our military divorce page.