Any couple who wishes to file for divorce in Kentucky and dissolve their same-sex marriage must pay a filing fee of $150 at the county clerk’s office. This fee is mandatory for all marriage dissolution cases and can be paid via cash, certified check, or money order. If a person cannot afford to pay it, he or she can ask for a waiver.
To start your divorce process without the help of an attorney. You will require to fill in some forms. Most of the forms are available online on the website of the Kentucky Court of Justice. The divorce papers are also available for a nominal fee at the local courthouse or driver’s license branch.
The grounds for divorce are not applicable in Kentucky anymore as Kentucky has been converted into a “no-fault state” by the state legislature. This means that there are no specific grounds required to file for divorce. The spouses filing for divorce must prove that the marriage is broken irretrievably. Helpful tips!
Meet all residency requirements for divorce under Kentucky law. Before filing for divorce in the state of Kentucky, one or both spouses must be a resident of Kentucky for at least 180 days. One or both spouses also must be a resident of the county in which the divorce is filed.
The divorce papers are also available for a nominal fee at the local courthouse or driver’s license branch. You can alternatively access the interactive divorce form on the Legal Aid Network of Kentucky that is an online interface, which helps you prepare your form correctly.
The uncontested divorce in Kentucky is perhaps the easiest to complete from a process point of view. While there are several legal options for bringing your marriage to an end in Kentucky, an uncontested divorce is often the fast and most cost-effective solution.
If you can't afford to pay the filing fees, you can ask the judge to waive the fees by filing a Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis. If the court grants your request to waive fees, you won't have to pay any court costs during your divorce.
Filing for divorce in Kentucky without a lawyer typically works best in uncontested cases. For more complicated cases or where the couple is unable to reach an agreement, it's better to consult a divorce lawyer. Similarly, you might need expert assistance if you have minor children or own considerable assets.
Yes. In Kentucky, you can get divorced if only one party wants to get divorced. Occasionally, a spouse will attempt to delay the divorce action or avoid being served with the divorce petition.
For those seeking an inexpensive divorce in the state of Kentucky, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.
In Kentucky, however, you must be legally separated for a minimum of one year before either spouse can ask for a formal divorce. (K.R.S. § 403.230.)
Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesKentucky$148 (without an attorney), $153 (with an attorney)Average fees: $8,000+Louisiana$150 to $250Average fees: $10,000Maine$120Average fees: $8,000+Maryland$165Average fees: $11,00048 more rows•Jul 21, 2020
It could take a week or more to serve them through the sheriff's office or certified mail. If there are no minor children, the courts can finalize a divorce as soon as 20 days after service is complete. This is assuming that there aren't any contested issues in your divorce.
In Kentucky, one spouse (the "petitioner") initiates the divorce proceeding by completing and filing a petition for dissolution of marriage. On the petition, you need to state the "ground," or legal reason for divorce.
When couples in Kentucky are going through a divorce the parties typically have to pay their own attorney's fees. However, if there is a large disparity in income, one of the parties may be responsible for the other party's fees.
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
The reality is that the Judge does not care who filed first, or even why the Petition was filed. Kentucky is a “no fault” state, so it does not matter why a person wants to get divorced.
Getting a divorce in Kentucky requires that you must have resided in the state for at least 180 days before filing for divorce. The petition for the dissolution of marriage should be filed in a county where either you or your spouse live.
To finalize the divorce in Kentucky, you must be separated from your spouse for at least 60 days. In the interim period, if you have children, the court may order your spouse and you to join a course on divorce education.
Kentucky Spousal Support. The court may award maintenance or alimony to you or your spouse for maintenance and support post the divorce. Spousal support is awarded on the basis of the financial conditions of you and your spouse.
This is usually in the case of a short marriage, where a spouse pays so that the other spouse can complete a program, training or education that will enable the person to get suitable employment. This is when the court orders a specific amount that must be paid by one spouse to the other after the divorce.
In an uncontested divorce, all you need to do is submit your agreement of marital settlement to the court and after the requisite waiting period of 60 days , you will be divorced. An uncontested divorce is quicker and low cost as you don’t have to hire an attorney. STEP 4:
If you and your spouse are unable to agree on most of the divorce matters, hiring a lawyer will be the best route for you. When you have an contested divorce, the judge will order a trial that will require you and your spouse to argue over who get what.
If there are only one or two issues that you and your spouse cannot seem to come to a satisfactory verdict for both sides, hiring a third party like a mediator will help ease the confrontation. And most of all, help you both come out with a conclusion that will avoid going to court and arguing via lawyers.
You can file for divorce in Kentucky with or without an attorney. If you don't hire an attorney, you will have to make sure that all of your paperwork is correct. This option works best when you don't have a complicated or contested divorce.
There is a filing fee. If you cannot afford to pay the fee, you can ask the court to let you file a divorce without paying the fee. The court will then decide whether you can afford to pay the filing fee or not. Shortly after you file for divorce the court will often have a hearing.
In order to file for divorce in Kentucky, the person filing (the petitioner) must be a resident of Kentucky for at least 180 days. You may file in Circuit Court in the county where either you or your spouse resides. The most simple procedure is an uncontested divorce.
Kentucky has equitable distribution laws in place, meaning that all marital assets are supposed to be split 50-50 in the case of a divorce. Marital property includes that which was obtained during the course of the couple's marriage, even if title to a particular asset is held in only one of the spouse's names.
Kentucky is a No-Fault Divorce State As a no-fault divorce state, family court judges in Kentucky usually have no interest in hearing about a cheating spouse's misconduct. Meaning, infidelity alone is not enough to deny a spouse maintenance or alimony if he or she is otherwise entitled to it.
The maintenance amount is decided by the Court of Law which is based on varying factors including financial position and the liabilities of the husband, justifiable reasons behind the separation/divorce etc.
All property of the husband and wife is considered ?marital property.? This means that even property brought into the marriage by one person becomes marital property that will be split in half in a divorce. However, the court does not have to give each spouse one half of the property.
Divorce laws in Kentucky provide for “no-fault” divorce. This means that if one party wants to get divorced, he or she can do so by claiming that there has been an “irretrievable breakdown of the marriage.”.
Before filing for divorce in the state of Kentucky, one or both spouses must be a resident of Kentucky for at least 180 days. One or both spouses also must be a resident of the county in which the divorce is filed. If you don’t meet these residency requirements, you cannot get divorced in Kentucky until you meet them.
When your spouse has been served with notice of the divorce, but does not file a response, you can finalize your divorce by asking for a default judgment. In this case, you have not been able to reach an agreement with your spouse and he or she simply doesn’t respond to the divorce filing.
If you and your spouse have agreed on all matters and have filed the Marital Settlement Agreement, then the judge will ask questions about your agreement during the hearing. If everything is in order, the court will approve your agreement.
Anyone who wishes to file a divorce must pay a court filing fee of $113.00. This amount can be paid to your local county clerk’s office in cash or by certified check or money order. You should always check with your local clerk’s office to ensure that there are no other fees. Obtain and complete any optional forms.
Wait 60 days. In order to finalize your divorce in Kentucky, you and your spouse must be separated for a minimum of 60 days. This waiting period is mandatory in all Kentucky divorces. Once you have waited 60 days, your divorce can become final.
This step formally places your divorce on file with your local court and starts the divorce process. The 60-day waiting period starts running on the date that you file your divorce documents.
The second part is addressed at a later date and works out the financial aspects of the divorce that may have become stumbling blocks or barriers to a divorce otherwise moving forward.
After a petitioner files for divorce in Kentucky, a spouse has 20 days to file a response to the complaint. If they fail to do so, the petitioner can file a motion for a default judgment which will be notarized before being submitted to the clerk of the court.
Bifurcation of marital status. Bifurcation of marital status essentially means dividing a divorce into two parts and is allowed in Kentucky. The first part satisfies the grounds for the divorce and allows the couple to legally get divorced. In Kentucky, all that needs to be cited are irreconcilable differences.
Generally, it is not supposed to last an indefinite amount of time, allowing only until the spouse can become self-supporting as soon as possible. Read: Everything You Need to Know About Alimony.
Substance abuse impacts a divorce because it can have an impact on child custody and visitation issues. If drug or alcohol use is present, visitation or custody may be severely restricted or even denied because it might put a child’s life in danger.
Both parents have a legal responsibility to provide care and pay for costs of raising a child in Kentucky. The state recognizes that both parents must provide for the well-being of any children, whether they are married or not.
Gifts and Inheritances. Gifts or inheritances are considered separate property in Kentucky and not subject to equitable distribution. However, if those assets are commingled with marital assets, they may become marital property and will be subject to equitable distribution laws. A spouse should be prepared to prove that ...
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. This is usually done by a professional process server or a sheriff or constable.
Litigation is an attorney-driven process. While the majority of cases settle before going to trial, that doesn’t mean litigation won’t wreak havoc on you and your kids.
Contrary to popular belief, this doesn’t just mean that you and your spouse are going to work out your divorce “collaboratively.” There’s much more to it. Collaborative divorce is a structured process that takes a team approach. Divorce is much more than a legal process. It’s about money, kids, and emotions.
Yes, Kentucky is a no-fault divorce state. This means that, in Kentucky, neither spouse can be blamed for the ending of the marriage. There is one requirement, though—at least one of the spouses must believe that the breakdown is irretrievable and that there’s no chance for reconciliation.
To file for an uncontested divorce in Kentucky, you have to meet certain statutory requirements:
You can file for a friendly divorce once you and your spouse agree on all the important issues, such as:
Even if you and your spouse agree on everything, divorce can still be a difficult and emotional undertaking. We created the Divorce Settlement Agreement product to make the process as fast, simple, and painless as possible.
Even if you don’t hire an attorney, the divorce will cost you some money. Uncontested divorce is cheaper in KY, but you’ll still have to pay some filing fees. The court will charge you a fee for filing divorce papers, which is $113 in Kentucky, but you should check with your local clerk’s office for the exact amount in your county.
Divorce is a confusing and complicated process even when it’s amicable, so it’s not unusual to have questions about it. Luckily, DoNotPay has a comprehensive learning center you can check out to find answers to various divorce-related questions, such as:
From getting you ready for various government tests to helping you reduce your property taxes, DoNotPay offers valuable assistance with the tasks that make most people at least roll their eyes. Dealing with bureaucracy isn’t fun, but it also doesn’t have to be as difficult as it is.
The Bluegrass State is perfect if you want to end your marriage without spending much money because it’s a no-fault state. Neither spouse needs to take the blame for the breakdown of your marriage. The only requirement is that at least one party states that the marriage is irretrievably broken.
To be eligible for an uncontested divorce, couples need to meet the Kentucky residential requirements:
Most of the documents you need can be found on the official Kentucky court website or your local courthouse. These papers include:
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DoNotPay has a learning base of guides and articles that will answer your frequently asked questions. Check them out in the table below:
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