how to get a divorce in ky without a lawyer gay marriage

by Jasper Hammes 10 min read

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.

Since the state does not support a common-law marriage, couples cannot use the legal system for marriage dissolution issues. Only the couples who meet the residency requirements and have a marriage certificate can file for same-sex divorce in Kentucky.

Full Answer

How to get a divorce in Kentucky without an attorney?

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.

What are the grounds for divorce in Kentucky?

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!

What are the residency requirements for a divorce in Kentucky?

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.

Where can I get divorce papers in Kentucky?

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.

What is the fastest way to get a divorce in Kentucky?

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.

How do I get a free divorce in Kentucky?

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.

Can you get a divorce without a lawyer in KY?

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.

Do both parties have to agree to a divorce in Kentucky?

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.

Can you get a divorce online in KY?

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.

How long do you have to be separated before divorce in KY?

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.)

How much does a divorce cost in KY?

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

How long does uncontested divorce take in Kentucky?

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.

How do I start a divorce in Kentucky?

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.

Who pays for a divorce in KY?

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.

How long do you have to be separated before divorce is automatic?

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.

Does it matter who files for divorce first in Ky?

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.

How long do you have to live in Kentucky to get divorce?

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.

How long do you have to be separated to get divorced in Kentucky?

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.

What is spousal support in Kentucky?

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.

Why do spouses pay each other after divorce?

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.

How long does it take to get divorced after a 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:

What to do if you can't agree on divorce?

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.

What to do if you have only one or two issues with your spouse?

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.

Can you file for divorce without a lawyer in Kentucky?

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.

How do I file for divorce in Kentucky with no money?

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.

How do I start a divorce in Kentucky?

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.

How is property divided in a divorce in Kentucky?

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.

Does infidelity affect divorce in Kentucky?

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.

How is maintenance determined in a divorce?

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.

Is my wife entitled to half my house?

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.

What is no fault divorce in Kentucky?

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.”.

How long do you have to be a resident of Kentucky to get divorced?

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.

What happens if my spouse doesn't respond to my divorce?

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.

What happens if you file a settlement agreement with your spouse?

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.

How much does it cost to file for divorce?

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.

How long do you have to wait to get divorced in Kentucky?

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.

How long does it take to get divorce papers?

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.

What is the second part of divorce in Kentucky?

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.

How long does it take to file a divorce in Kentucky?

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.

What is the bifurcation of marital status?

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.

How long does alimony last?

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.

How does substance abuse affect divorce?

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.

What is the legal responsibility of both parents in Kentucky?

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.

Is inheritance considered separate property in Kentucky?

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 ...

How to get proof of service in Kentucky?

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.

What happens if you don't agree with your spouse?

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.

Is collaborative divorce legal?

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.

Is Kentucky a No-Fault Divorce State?

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.

Divorce Laws in KY

To file for an uncontested divorce in Kentucky, you have to meet certain statutory requirements:

How To File for Divorce in Kentucky

You can file for a friendly divorce once you and your spouse agree on all the important issues, such as:

Let DoNotPay Draw Up a Rock-Solid Divorce Settlement Agreement in a Breeze!

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.

How Much Does a Divorce Cost in KY?

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.

Need More Information About Uncontested Divorces? DoNotPay Is Your Go-To Source!

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:

DoNotPay Covers All the Bases

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.

How Divorce Works in Kentucky

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.

Uncontested Divorce Requirements

To be eligible for an uncontested divorce, couples need to meet the Kentucky residential requirements:

How To Get a Cheap Divorce in KY

Most of the documents you need can be found on the official Kentucky court website or your local courthouse. These papers include:

Need a Professional Divorce Settlement Agreement at a Fair Price? DoNotPay Can Help

Why hire expensive lawyers or try writing the agreement on your own when you can leave all the hard work to us? DoNotPay can generate a divorce settlement agreement that will make sure you get divorced on fair terms. You only need to subscribe to DoNotPay and:

Need More Help? DoNotPay Answers All Your Divorce-Related Questions

DoNotPay has a learning base of guides and articles that will answer your frequently asked questions. Check them out in the table below:

Use DoNotPay To Resolve Administrative Tasks in Minutes!

Tired of brainstorming the easiest way to deal with administrative issues? We know how you feel, and we’re here to take the burden off your back!

Learn How To File Claims the Easy Way

Are you dissatisfied with a certain company and/or its products? You don’t have to stay quiet! Use DoNotPay to file your insurance, warranty, or missing/late parcel claim effortlessly! We’ll also show you how to request an item return in a few steps.