We all hear about ugly divorce cases but actually 95% of all divorces are what’s known as “uncontested divorces”. An uncontested divorce means that both parties are able to agree on all key issues involved in the divorce. This of course is done through compromise by both parties. If this is able to be done, a divorce will be granted without having to go to trial.
Key Issues That Must Be Agreed Upon
- The actual legal reason (known as “grounds”) for the divorce
- Any issues involving the children including custody, visitation, support
- Agreement on key money issues including tax deductions/exemptions, alimony if applicable
- The division of marital assets and debts
- Any other dispute involving your marriage
To Qualify For Uncontested Divorce
To be able to file for an “uncontested divorce” the filing spouse must be a resident of the state for 180 days before beginning the process. This applies also to military personnel stationed in the State of Kentucky. The action may be filed in the county where either party resides Kentucky is a “no fault” state. This means the only grounds for divorce is “irretrievable breakdown” also is known as “irretrievably broken”. Dissolution is not granted until the couple has lived apart for 60 days.
The Circuit Court is where actions are filed. The filing spouse is called the “Petitioner” and the responding spouse is called the “Respondent”.
Steps For Filing For A Divorce In The State Of Kentucky
- Each spouse signs the documents as is instructed
- Filing of the “Petition for Dissolution of Marriage” and other documents with the county Clerk of Courts.
- When the Judge signs the “Divorce Decree”, the divorce is completed
Please call our office to get started or let us answer any questions. 859-727-1000
