How To File For Divorce In Kentucky: The Best Method
Getting a legal breakup is usually a long and complicated process, where collecting the required documents and filing them is one of the most difficult steps. How to file uncontested divorce in Kentucky in the easiest way? What is the simplest way to prepare your papers for divorce? Learn more about the best method of collecting your docs for the dissolution of marriage.
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How Much Does A Divorce Cost In Ky
Even if you dont hire an attorney, the divorce will cost you some money. Uncontested divorce is cheaper in KY, but youll 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 clerks office for the exact amount in your county. You can pay it in three ways:
In case you cannot afford it, you can request the court to waive the fee. The judge decides whether you qualify for a waiver.
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What Is An Uncontested Divorce
Uncontested divorces involve reaching an agreement with your spouse about certain issues in your divorce case. We list the most common issues below.
- How you share child custody, parenting time, and parental responsibilities
- Child support amounts and duration
- Spousal support amount and duration
- Division of marital property and all other property
- Division of all debts in divorce
You wont have to go to court and dispute once youve made these arrangements. Rather, you file court documents and a marital settlement agreement, which outlines the decisions youve made regarding how to split your property and debts, child custody and visitation, and whether or not support payments will occur.
A judge will have to confirm your agreement and ultimate divorce, which should not be an issue. Unless its evident that the conditions are totally unjust to one side or were negotiated under pressure, the court will normally allow a settlement agreement. The divorce will be official as soon as the state-mandated time period has passed.
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Print Your Forms And File
After you are through with the process above, the documents will be accessible online. Use your printer to print and then sign. Go to the court and file the documents and make sure you follow the instructions provided. You don’t have to appear in court since you can send your documents by mail or fax though you have to make sure that it is allowed according to the rules governing your state. You can make changes on your forms and reprint them as many times as you wish. There are no additional costs incurred.
What If I Am In The Military And Out Of State
If Kentucky is your home state, then it may be possible to file a petition in the state of Kentucky for dissolution of marriage. However, if you have children that have never resided in the state of Kentucky, Kentucky may lack jurisdiction to decide custody and you may need to file in the state in which the children reside.
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How Is Child Support Calculated
Kentucky law stipulates Guidelines for how much child support will be. It is a function of the total combined income of both parents and how many children there are. There is a combined obligation, which is then allocated between each parent.
While courts have leeway to deviate from the Guidelines, they may only do so when the outcome would be unjust.
If one parent has sole custody, the other parent will pay child support to them.
If both parents share joint custody and have equal parenting time, the one with the greater obligation will pay the difference to the other parent.
If both parents share joint custody and have unequal parenting time , then the parent with the greater obligation will pay the difference in proportion to how much parenting time they have.
What income is excluded from calculations?
Any income from means-tested public assistance programs, such as food stamps, is excluded from a parents gross income for purposes of calculating child support obligations.
If you are self-employed, gross income is gross revenue minus necessary business expenses.
How To Divorce In Kentucky
In Kentucky including what is necessary to file, where to file, and the steps involved in the process, the petitioner is the spouse who initiates the divorce by filing the petition.
The petition is to be submitted in the county where one of the spouses has their primary residence. In divorce cases, the petition must be served on the other spouse, known as the respondent. There is a deadline of 20 days for a written response from a respondent to the petition.
If all difficulties relating to the divorce can be resolved amicably, the parties may petition for an uncontested divorce. A divorce that is uncontested does not involve a trial, and the parties may often complete the divorce in a very short period of time. If the parties are unable to reach an agreement, they will be required to undergo the contentious divorce procedure, which may be much more time-consuming and include many court appearances.
If you are considering filing for divorce in Kentucky, it is important to consult with an experienced family law attorney to ensure that you are taking the rightKentucky
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How Long Do I Have To Be Separated To Get Divorced
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.
A spouse can file for divorce before the sixty days have elapsed, but the divorce can not be finalized until there have been at least sixty days of separation or abstinence between the parties.
Do You Need To Pay Alimony
The court may decide during a divorce or legal separation case that one spouse must pay alimony to the other spouse. The spouse seeking alimony must prove:
- You do not have enough property to provide for her reasonable needs and
- You are not able to support yourself through employment or you take care of a child which makes you unable to seek employment outside of the home.
The court using the following factors to determine the amount of the alimony and how long the spouse receives payments:
- The financial resources the spouse seeking alimony to independently take care of himself
- The time needed to get the education or training to get appropriate employment
- The standard of living during the marriage
- The length of the marriage
- The age, physical, and emotional state of the spouse seeking alimony and
- The ability of the paying spouse to take care of his own need while taking care of the spouse seeking alimony.
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What Kind Of Divorce Is Right For You
One of the first things you must decide is what kind of divorce you want. There are several possible options in Kentucky.
Determining what kind of divorce you want is critical because it sets the stage for several other decisions and activities you will need to pursue, especially when minor children are involved.
The relationship you have with your spouse will be a primary consideration. If you can agree to work together and trust each other to come to amicable decisions, you may be able to save a lot of time, money and grief instead of going through a fully contested case.
Before we get into the details, theres one thing I want you to keep in mind:
One type of divorce is not better than another. Divorce is not one size fits all.
Here are the types of divorce:
How Does Child Custody Work In A Kentucky Divorce
In Kentucky, figuring out how legal and physical custody of children under 18 should be assigned is according to what would be in the best interest of the children. The law presumes that joint custody and equal parenting time is in their best interest. The court may choose a different arrangement if the evidence supports deviating from this default.
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File Divorce Papers Online
Filing divorce papers online is a trendy method among people. Online technology makes our lives so more comfortable. From the comfort of your room, you can file for divorce in a short time. There is no need to go to the court, collect all the necessary forms, and to worry about the procedure. By following simple steps and filling the forms, you can manage to finish everything on your own. Despite this, divorces do not necessarily have to be expensive. That especially count if you decide on filling the divorce papers online. In that way, you will avoid all the legal fees and save a decent amount of money. All these reasons confirm that filing your divorce papers online is an option that deserves your attention.
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Property Division In Kentucky
The state of Kentucky will divide the property by the principle of equitable distribution in legal separation cases. The court will divide the property and debs that spousals have equally in half. However, depending on the different circumstances, one spouse can get more if the court decides that.
Many factors can influence the division of property. The length of the marriage as well as the value of the property awarded to each spouse are two essential factors. For instance, one of the spouses will get the furniture while the other one will get the vehicle they were driving. Of course, the value of items they get needs to be equal. Besides that, the court would want to check the financial stability of both partners as well.
Lets use debts as an example because they are the most complex part of the property division. In some cases, one of the spouses will become responsible for the entire debt. However, different financial institutions may try to get the payment from the person that is not responsible for the debt. In that case, the spouse needs to ask the court for help. The court can order banks to remove the name of the spouse from the bank account.
How To Initiate A Divorce Proceeding In Kentucky
One spouse starts the divorce process in Kentucky by filling out and filing a petition for dissolution of marriage, or divorce. The foundation, or legal grounds for divorce, must be stated on the petition. Kentucky is a no-fault state, which means the sole legal basis for divorce is that the marriage is irretrievably broken, which implies the couples have no reasonable chance of reconciling. The petition also contains details regarding the marriage and separation dates, as well as the spouses and their children, if they have any.
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How Much Will I Receive Or Have To Pay
The amount of spousal support and how long its required depend on the following factors:
The financial resources of the person seeking support
How long it would take that person to train or gain the right skills to find employment
The standard of living during the marriage
How long you were married
The physical and emotional health of the person seeking support, as well as their age
The ability of the supporting spouse to meet their own needs
What If My Spouse Does Not Want A Divorce
If one spouse does not want a divorce, in Kentucky they have no way of preventing the divorce from happening. All defenses a spouse could use to prevent a divorce have been abolished by the Kentucky legislature.
Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
Section 403.150 of the Kentucky Revised Statutes
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Am I Allowed To Move Out Of State With My Children
The court will not approve or deny a move per se. What the court cares about is whether timesharing or visitation orders will be affected and, if so, whether they need modification.
Before moving you must file a notice with the court and serve your former spouse. This notice must describe where and when you will move, and any effect the move will have on timesharing or visitation orders.
If you have sole custody, and the move will affect court-ordered timesharing, then the other parent has 20 days from when they were served to file a motion contesting the change in timesharing.
If you share joint custody, you must file a motion to modify the existing timesharing order if timesharing will be affected by the move. You must do this within 20 days of filing the notice. The other parent may file a motion contesting your proposed changes.
In each case, you should try to file with the court well in advance of the 20 day limit in case you cant work out an agreement with the other parent and need to have a hearing in court.
However, if the relationship has seen domestic violence, these rules may not apply.
What if I dont file with the court and/or dont serve notice to the other parent?
You risk the court punishing you and possibly changing the custody or timesharing arrangement.
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Petition For Dissolution Of Marriage
You begin your divorce case in Kentucky by filing a Petition for Dissolution of Marriage with the Court. If you have no minor children, you can use Kentucky’s interactive forms and file online. If you live in Jefferson County, you can download a Petition for Dissolution of Marriage online. For Kentucky residents outside Jefferson County, or those who have minor children and cannot file online, self-help divorce packets are available for $10 at all Family Court Divisions and driver’s license branches.
What Does Uncontested Mean In A Divorce
An uncontested divorce occurs when both parties agree on all aspects of the divorce. Before they may continue with an uncontested divorce, couples must complete particular legal conditions in each state. For precise criteria, you should speak with an experienced attorney or check with your local court clerk.
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What Is A Divorce Certificate
After a divorce has been granted in Kentucky, the states Office of Vital Statistics keeps records on file.
A certificate has much less information than a decree, generally only stating that a divorce took place, along with the specifics of where and when it happened.
A certificate can be ordered and a fee paid either by phone, mail, the internet or in person. It may take up to 30 days to process a request. The required fee covers the cost of the record search, and no refunds are issued if a certificate is not found.
You will need to provide:
- Full name of First Party
- Full name of Second Party
- The month, day and year of the marriage or divorce
- The county where the marriage license or divorce was issued
- Name and address where the certificate is to be mailed
- Phone number where you can be reached during the day from 8 am to 4:30 pm Eastern time
- The number of copies being ordered
The fee is payable to the Kentucky State Treasurer to cover the cost of each certificate ordered and costs $6 for each certified copy.
You can also place an order in person at:
Office of Vital Statistics275 E. Main St. 1E-AFrankfort, KY 40621
For general information, call 564-4212.