- 1 Valid Grounds to Get Divorce
- 2 How to Get a Divorce in Kentucky
- 3 Requirements for an Uncontested Divorce in Kentucky
- 4 What if I Have Contested Divorce?
- 5 Property Division in Kentucky
- 6 How to File Divorce Papers in Kentucky?
- 7 How to Serve Divorce Papers in Kentucky
- 8 How to Get a Divorce in Kentucky Without a Lawyer
- 9 Common Questions
- 9.1 How much does divorce costs in Kentucky?
- 9.2 How long does it take to get a divorce in Kentucky?
- 9.3 How can I get a copy of my divorce in Kentucky?
- 9.4 Do my spouse and I need to live in Kentucky to get a divorce?
- 9.5 Can I still get a divorce if my spouse does not want to get one?
- 9.6 My spouse doesn’t want the divorce. What if he/she won’t sign the papers?
Valid Grounds to Get Divorce
The legal term for “divorce” is dissolving the marriage. If the spouses decide to end their marriage in Kentucky, they can do it without proving anyone’s fault. In other words, all the spousals need to do is tell the Court that their marriage had an irretrievable breakdown, and there is no possibility of fixing it. Logically, there is nothing that can save their marriage, and the spousals can not get over the breakdown.
How to Get a Divorce in Kentucky
If the spousals want to conduct a divorce in the state of Kentucky, they can do it by filling the divorce papers on their own online. Once you file the divorce papers, the court will resolve all the issues you and your partner have about custody, visitation, and child support. Also, all marital property needs to divide equally. The Court can also order spousal maintenance if one of the spouses does not have incomes.
When there are no children included in divorce, the process of dissolving the marriage is facilitated. The main issue that partners need to resolve is the division of the material property. They can settle the agreement about this on their own, or they can end up in the court, and the judge will make the decision instead of them. The state of Kentucky is an equitable distribution state. In other words, the partners will split everything equally.
When children are involved in the process of divorce, the process can be incredibly stressful. Informing yourself about all the responsibilities and rights you have can make things easier.
For instance, there is a course called Families in Transition that will help you and your children handle the divorce easier. The court and the parents need to find the best solutions and to establish a fair agreement in the children’s best interest. There are all kinds of factors that the judge needs to consider in the calculator. For example, parents need to decide who will get custody and what are the costs of child support. Also, settling spousal support and alimony is essential. In some cases, one of the partners does not have enough income for all the costs, and the other partner needs to support him financially.
Requirements for an Uncontested Divorce in Kentucky
In an uncontested divorce, the couple has settled the agreement about all the issues in the case. When the partners want to conduct an uncontested divorce in Kentucky, they need to agree on alimony, child custody and visitation, property division, and other relevant aspects in the process. In another situation, where couples can not settle the agreement, they need to go to trial. After the hearing, the Judge will decide on all the issues they have.
One of the spouses must live in the state of Kentucky for at least 180 days before filing for the divorce. Couples who settle the agreement on their own will finalize the process of divorce faster.
What if I Have Contested Divorce?
In a situation where couples can’t resolve their misunderstandings, they could find some family lawyer or mediator to help them overcome all their issues. However, if that alternative does not help, they will need to proceed with a trial. Depending on the complexity of the issues in the case, divorce takes longer to end. Therefore, the court will give a fair and right decision.
Property Division in Kentucky
The state of Kentucky will divide the property by the principle of equitable distribution in legal separation cases. The court will divide the property and debs that spousals have equally in half. However, depending on the different circumstances, one spouse can get more if the court decides that.
Many factors can influence the division of property. The length of the marriage as well as the value of the property awarded to each spouse are two essential factors. For instance, one of the spouses will get the furniture while the other one will get the vehicle they were driving. Of course, the value of “items” they get needs to be equal. Besides that, the court would want to check the financial stability of both partners as well.
Let’s use debts as an example because they are the most complex part of the property division. In some cases, one of the spouses will become responsible for the entire debt. However, different financial institutions (banks, for example) may try to get the payment from the person that is not responsible for the debt. In that case, the spouse needs to ask the court for help. The court can order banks to remove the name of the spouse from the bank account.
Despite that, finding an agreement around the property division is also possible outside of the court. There are many reasons why this option is becoming more popular among couples. For instance, they can avoid all the law costs, save time, etc. Yet, even in that case, the court needs to analyze the property agreement. They won’t participate in the entire process if both couples are satisfied with the final agreement.
How to File Divorce Papers in Kentucky?
Once you decide to file for the divorce, you need to file a VS-300 form with the clerk first. The form VS-300 is a Certificate of Divorce, and you need the help of the court clerk because it needs to be typed. All other forms can be hand-written or filled online except this one. Other forms you can complete by yourself. There is an online guide that will help you to fill all the divorce papers step by step. As you see, you do not have to get an attorney to conduct your divorce. If you have no money to pay the court fees, you can complete the Affidavit and Motion to Proceed in Forma Pauperis, and they will relieve you of costs. In KY Rev Stat § 403.130 you can find the original documents that you need to fill.
File your divorce paperwork
When you want to start with divorce paperwork, you need to follow some steps. The dissolution of marriage is not complicated at all if you get familiar with all the details. First, make two copies of all documents. After that, go to the court and file the original documents. You need to pay a filing fee, but do not worry if you can not afford that. You can complete Affidavit and Motion to Proceed In Forma Pauperis, and you will be released of the costs. After you give documents to the clerk, the clerk will date your filed and open your case. When you are done with all of this, then serve your spouse with documents.
Here are some of the necessary forms you will need to fill:
- Form #1B – Petition for Dissolution of Marriage
- AOC-105 Civil Summons
- AC-FC-3 Case Data Information Sheet
- Form 7-Affidavit for Warning Order Attorney
Serve your spouse
There are three options for serving your spouse, with Certified Mail, Sherriff, or Warning Order Attorney. Once your partner gets the divorce papers, he/she has 20 days to give a response.
Partners must fill all the divorce papers to get financial disclosures. Based on all the details in the divorce forms, the court will get a clear financial picture of both spouses. Once they analyze income, debts, assets, and other relevant factors, they can give the final disclosures about all relevant costs after the divorce.
How to Serve Divorce Papers in Kentucky
In one of the circuit courts in the State of Kentucky, you will file for divorce. The circuit courts are family courts. The spouses can go to a court for a final hearing or give papers if they agree on all the key terms. The Judge will get the case, and he will finalize the divorce process.
There are a few more things that we need to say about circuit courts. Believe it or not, there are 57 circuit courts in the entire Kentucky state. Despite that, there are also nearly 100 circuit judges. Each court operates in one of the four counties that Kentucky has. These courts will accept the cases that deal with adoption, custody, divorce, and other similar subcategories of law. However, they will also get involved when domestic violence and abuse were involved during the period of marriage.
The purpose of the court is to complete the process honestly. That is the reason why becoming a circuit court in Kentucky is not an easy task. First of all, the judge can not work in the same place for more than eight years. He/she needs to be selected in nonpartisan elections.
How to Get a Divorce in Kentucky Without a Lawyer
Nowadays, many people decide to get a divorce without a lawyer. It is a good opportunity to save money and to finish everything on your own. Also, it is better for couples to solve the problems they have without lawyer involvement. They can settle the agreements without pressure. Completing the forms seems like a tough challenge. However, by conducting the online step-by-step procedure, you will see that you do not have to worry.
File Divorce Papers Online
Filing divorce papers online is a trendy method among people. Online technology makes our lives so more comfortable. From the comfort of your room, you can file for divorce in a short time. There is no need to go to the court, collect all the necessary forms, and to worry about the procedure. By following simple steps and filling the forms, you can manage to finish everything on your own. Despite this, divorces do not necessarily have to be expensive. That especially count if you decide on filling the divorce papers online. In that way, you will avoid all the legal fees and save a decent amount of money. All these reasons confirm that filing your divorce papers online is an option that deserves your attention.
How much does divorce costs in Kentucky?
Different factors can influence the price of the entire divorce process. The Court will charge a filing fee of $113. However, if you can not pay for this, you can request for IFP motion. The judge will decide if you have the right to use that opportunity or not. If you get approval, you will be free of costs. If you have kids, you need to attend a class and learn how to help children through the divorce process and make things easier for them. It is called the Families in Transition, and you need to pay for this class. Also, if you want to include the lawyer in your divorce process, you will need to check with him about the fees.
How long does it take to get a divorce in Kentucky?
After filing the petition for the divorce, you need to wait at least 60 days for final orders. Also, if the spouses have kids, they need to attend a course which is called Families in Transition. They can file their divorce papers after finishing the class. Depending on the different circumstances in your case, the process of ending the divorce can last longer than 60 days. For instance, there could be many issues and problems in some cases, which will prolong the process.
How can I get a copy of my divorce in Kentucky?
You need to send the request to the court to get a copy of your divorce.
Do my spouse and I need to live in Kentucky to get a divorce?
Before filing the divorce papers, one of the spouses needs to live in the state of Kentucky for 180 days. Logically, that spouse needs to be a resident of the country where you two are filling the divorce.
Can I still get a divorce if my spouse does not want to get one?
No one can stop the divorce if one of the spousals filed the divorce papers.
My spouse doesn’t want the divorce. What if he/she won’t sign the papers?
You do not have to worry if your spouse does not want to sign the divorce papers. All you need to do is to tell the Court at the hearing that your marriage can not be fixed. Also, Kentucky approves no-fault divorces, so you need to tell that your marriage had an irretrievable breakdown. That will be enough for ending the marriage, and your spouse does not have to agree and sign the papers.