You and/or your spouse are not required to be a U.S. citizen to get a divorce in Kentucky. You can get a divorce as long as one of you has lived in Kentucky for at least 180 days. But if your right to live in the U.S. depends on your marriage, divorce could affect your status. If this is your scenario, we advise you to contact a lawyer.
In Kentucky, when you end a marriage through the courts, it is called a dissolution of marriage. This is another name for divorce. In these questions, we use the term divorce, but it is important that you remember that the legal process is called dissolution of marriage. How long do I have to live in Kentucky before I can file for divorce?
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.
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.
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
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.
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.
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.
In Kentucky, to get divorced the parties have to be “separated” for at least sixty days before they can get divorced. This means that the parties either live apart or refrain from having intercourse for sixty days prior to the divorce being finalized.
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.)
In Kentucky, the grounds for divorce are “no-fault.” To file for divorce in Kentucky, neither party has to show that the other party is at fault, such as adultery. The Kentucky court is required to make a finding that the marriage is irretrievably broken before the court can enter a decree for a divorce.
In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.
Which specific forms do I need?Petition for Dissolution of Marriage. ... VS-300, Certificate of Divorce or Annulment data entry sheet (Instructions)AOC-FC-3, Case Data Information Sheet. ... AOC-105, Civil Summons.AOC-238 / AOC-239, Preliminary / Final Verified Disclosure Statements. ... Optional.
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.
Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.
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.
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.
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.
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.
1. Divide your property and debts. In order to get divorced, you and your spouse must divide all of your property. If you agree how to divide your property and debts, then you and your spouse can complete and file the Marital Settlement Agreement.
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.
Serving Your Spouse With Divorce Papers. In Kentucky, proof of service 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. Kentucky laws gives a petitioner 45 days from the date of filing to complete proof ...
Service members stationed at a Kentucky base must reside there for at least 180 days before filing for divorce, unless the spouse who filed first is a Kentucky resident. The grounds for military divorce are the same as they are for a civilian divorce in Kentucky. You only need to cite irreconcilable differences.
What are the residency requirements to file for a divorce in Kentucky? To file for divorce in Kentucky, one of the spouses must have been a resident of the state for at least 180 days prior to the filing of the Complaint.
The attorney has to report back to the court within 50 days of his appointment with the result of his efforts to locate the defendant. If the warning order attorney does not locate your spouse, you can still move forward with your divorce, but only after the warning order attorney files a report with the court.
If there are no children in the marriage, the divorce can proceed quicker as long as they have lived in Kentucky for at least 180 days and live apart from each other for a minimum of 60 days.
In addition, when a spouse is in the military, they have certain protections afforded to them by the Servicemembers Civil Relief Act. This allows them to postpone the divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments.
A service member can waive delaying the divorce by signing paperwork that will allow the divorce to proceed uncontested. Child support and spousal support are determined by Kentucky state guidelines, but these awards may not exceed 60% of a servicemembers pay and allowances.
You don’t need to visit the Clerk of Courts office to collect legal forms. With our assistance, you can download completed Kentucky divorce forms based upon answers you provide to our online questionnaire. Just follow our step-by-step instructions, and your completed paperwork will be available in just a couple of days.
Answer our detailed online questionnaire system, and we will fill out the forms for you, based on your answers and taking into account the requirements of the Kentucky Revised Statutes.
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.