Do you want to know how to file for divorce in Kentucky?
Although Kentucky is a no-fault divorce state, a divorce is not granted unless the couple has been separated for at least 60 days prior to filing for divorce.
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Requirements for Residency
The individual applying for divorce must have been a resident of Kentucky for 180 days or a member of the military stationed in Kentucky for 180 days.
Complete your Divorce Form
If the residence criteria are met, one of the spouses (referred to as the Petitioner from this point on) may submit a divorce petition. This petition makes no accusations against either party and just outlines and establishes who the parties are, where they resided, whether the couple has any minor children, and why they split. (in Kentucky the only reason should be “irretrievable breakdown of the marriage”). This petition, which must be filed in Circuit Court, initiates the divorce process.
The Petitioner is then responsible for serving the petition and all other required paperwork, including a Summons, on their spouse. (the Respondent). After then, the Respondent has 20 days to submit a response to the Petition. The following stages in the divorce are determined by the nature of the Respondent’s response and the couple’s initial agreement.
If the Respondent agrees to all of the provisions in the Petition and does not dispute the Petitioner’s divorce action, he or she may submit an Entry of Appearance Waiver along with a Divorce Settlement Agreement. You may finish your Divorce Settlement Agreement
If the Respondent disputes any of the conditions of the petition, the Petitioner must serve him or her using certified mail, a professional server, the sheriff, or a warning order of attorney. (meant for someone who has left the state of Kentucky). Within 20 days after service, the Respondent must respond with a response detailing their requirements. If the couple can come to an agreement after the Respondent has spoken, the Petitioner files a Notice-Motion-Order to Schedule Hearing.
The Petitioner submits a deposition, a Finding of Fact, and a Decree of Dissolution with the Notice Motion. The deposition outlines the reasons for the no-fault divorce (or non-military allegiance, if there are situations that would constitute grounds in another state, such as adultery), as well as that an agreement has been reached. The Finding of Fact states that the couple fits the residency criteria, that they are married, that they have been separated for 60 days, that the marriage is broken, and that there are no children. There are extra documents to fill out if there are minor children involved (under the age of 18). The court prioritizes the well-being of the children, which might alter the divorce procedure.
A Remark on These Instructions
While following these steps will not guarantee you a divorce, it will give you with a basic description of the processes that take place in Kentucky. Because each county has its own divorce procedures, you need consult with a lawyer or go to the county Clerk’s office to ensure you have all of the necessary documents. Each county in Kentucky has its own set of processes, and the composition of your no fault divorce may differ based on where it is filed.
