Divorce papers in Kentucky — filing for divorce in KY

Online divorce in Kentucky

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How to get divorce in Kentucky

Online Divorce provides qualitative and approved by the court Kentucky divorce papers. The information below will help you understand more about the divorce in Kentucky. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Kentucky. We guarantee that in a short time you will receive the correct Kentucky divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Kentucky:

1

If it is a question of divorce, whereas in many states to obtain dissolution in Kentucky, the marriage must have legal force. This means that the marriage ceremony was to be held in accordance with state law.

2

At least one of the spouses must be a resident of the state. Just as a very important condition for obtaining a divorce in Kentucky is that the couple should not cohabit for 60 days until the moment when marriage is completely dissolved.

3

The couple must have grounds for divorce. The state of Kentucky allows you to file a petition on the basis of the no-fault reason, which is actually very convenient, since you do not have to prove the fault of the spouse in court.

4

If you and your spouse agree on the key points of your divorce (custody of children, the amount of financial assistance to the child and alimony, the separation of property), then you have the opportunity to apply for an uncontested divorce in Kentucky, which is a simpler and faster form of dissolution of the marriage. You do not have to go through exhausting court hearings, because the problematic places of your divorce have already been resolved. However, if you are still in dispute on at least one issue, then your divorce will be contested and may take a long time, as the judge will have to resolve your controversial issues.

5

In order to start a divorce in Kentucky you need to fill out the divorce form documents. Having in mind that you are fully responsible for those papers that you submit. If you fill in the incorrect Kentucky divorce documents, the court will simply drop them, because you can only submit the forms that correspond to the type of your divorce. Many couples prefer to use onlinedivorce.com, since this is an easy and quick way to prepare all the necessary papers. You should know that by using our service you will receive in a short time divorce form documents that correspond to the type of your divorce and are filled in accordance with the laws of Kentucky. You do not have to spend time studying legislation or consulting a lawyer. Answering simple questions about your marriage for Online Divorce, you will eventually receive all the papers that you will only sue.

6

After the Kentucky divorce documents are ready, you must file them in court and send copies to your spouse. When you give the court a form that your spouse has received copies, the court will set the date of the hearing regarding your case. If there are no disputable issues between you, a divorce will be granted relatively quickly.

Residency:

If you want to get a divorce in Kentucky, then at least one of the spouses must be a resident of the state and reside in Kentucky at least 180 days before filing a petition in court. Also, you and your partner should live separately for at least 60 days before the court grant a divorce. You have the right to live under one roof, but an important condition is that you do not cohabit (do not have sexual contacts with your spouse).

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Valid grounds to get divorce in Kentucky

Kentucky flag

Kentucky is a state with no-fault divorces, which means that you will not need to prove the fault of your spouse. A sufficient reason for the divorce will be the statement that the marriage is irretrievably broken.

If both spouses under oath have sworn that they consider their marriage irretrievably broken and there is no apparent reason for reconciliation, or if one of the spouses has stated this and the other spouse does not deny the fact of break, then the court will appoint a hearing after which it will lead to the conclusion that the marriage is irretrievably broken and will grant a divorce.

If one of the spouses denies that the marriage is irretrievably broken, then the court will consider all the factors that led to the desire to formalize the divorce, as well as consider any prospects for reconciliation. In such a case, the court will either decide on the divorce immediately, or postpone the proceedings for a period of not less than 30 days, but not more than 60. The court can also oblige spouses to attend counseling sessions if there is a hope for reconciliation.

If the spouses are firmly determined to get a divorce in Kentucky, then they must live separately for at least 60 days or live in the same house, without having sexual intercourse with each other.

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Annulment of the marriage in Kentucky

In the state of Kentucky, there are two ways to terminate marital relations:

  • Get a divorce - is meant to dissolve the marriage, which was registered legally.
  • To receive an annulment - a marriage that has been registered legally recognized as invalid, which means that it was concluded with violation of the law.

To recognize the marriage as invalid, that is, one that never existed, the couple must meet at least one of the following requirements:

  • During the marriage ceremony, one of the spouses could not give voluntary consent for the marriage.
  • One of the spouses forced the second to marry.
  • One of the spouses is impotent.
  • Spouses are blood relatives.
  • Bigamy: one of the spouses was in a marriage that is not yet dissolved, at the time of the wedding ceremony.
  • One of the spouses was less than 18 years of age at the time of marriage.

As with divorce, you also need to file a divorce form documents with the court, but this must be a form that corresponds to the annulment. So you better consult a local clerk to make sure that you are doing everything right.

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Custody of the child in Kentucky

Custodyof the child

Speaking of the divorce of couples with underage children, it is worth noting that one of the most important issue to be decided by the court is the issue of custody of children. The court is always guided by the best interests of the child and tries to distribute care so that the child receives maximum attention from two parents or a potential custodian.

The following factors are of great importance for decision making:

  • The desire of each parent or potential custodian to be responsible for the upbringing of the child.
  • The child's desire for his or her custodian.
  • The relationship between the child and his or her closest surroundings (parents, brothers, sisters).
  • Mental health and physical performance of all parties involved.
  • Any facts of domestic violence.

If in the Kentucky divorce papers the cause of divorce is indicated as an abandonment , then the abandonment of the family residence is not considered when the party was physically harmed or was seriously threatened with physical harm by his or her spouse, when the harm or threat of harm was causally related to the abandonment.

Depending on what is best for the child, the court can award joint custody, in which both parents have equal rights. However, if there are facts of violence or ill-treatment in the family, the parent who committed the unlawful act will most likely not receive guardianship. Perhaps he or she will be allowed to see the child at certain times if the court finds that it is safe for the child and the main custodian.

If the child's parent is found guilty of the willful or unintentional killing of the first degree of the second parent of the child, the court will not give him or her custody. In this case, the third party will be appointed the guardian of the child.

Rules for child support in Kentucky

In the process of divorce in Kentucky, any parent can file a petition for financial assistance to minors who were born in marriage. Kentucky uses the Income Shares Model to calculate the amount of support. The guidelines and table for the support of children are given in the revised charters. Thus, this model includes the monthly gross income of each parent and the number of underage children in the family. Depending on the income level of each parent, the amount of financial support is divided proportionally. The minimum sum of financial support per one child is $ 60 per month.

The child's financial support stops when he or she reaches 18 years of age. However, if a child becomes emancipated because of his or her age, and not because of the marriage, if he or she is still a high school student, then the payment of support must continue until he or she reaches 19 years old.

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Rules for spousal support in Kentucky

Rules for spousal support

During a divorce in Kentucky, a court may order one of the spouses to pay financial support (alimony) to the second spouse if he is convinced that it is really necessary. Alimony can be either temporary or permanent. The court is guided by the following factors in the decision making on the duration and amount of alimony:

  • How long the marriage lasted;
  • The social and economic status of each spouse;
  • The age, physical and emotional characteristics of each spouse;
  • Profession, as well as sources of income of spouses;
  • Property that the spouses received after the division of property;
  • Assets and liabilities of each spouse;
  • Circumstances that led to the desire to get a divorce;
  • The tax consequences of the award of alimony;
  • The opportunities for each of the parties to seek employment or advance on the career ladder;
  • The needs of each spouse;

The payment of alimony is terminated if the spouse who is receiving them re-marries.

Property division in Kentucky

Property division

Division of property is a mandatory process through which all couples who have common property should pass. Kentucky adheres to the rule that common property should be divided fairly, although this does not mean that equally. By common property is meant all that was acquired by the spouses after the registration of marriage and before the decree for a divorce. Thus, in order to make a fair decision to the court, it is necessary to analyze the following factors:

  • The existence of an agreement between the spouses;
  • Duration of the marriage;
  • The contribution of each spouse to the acquisition of common property, as well as the contribution of each spouse to the maintenance of the household;
  • The value of each property;
  • The economic conditions of each spouse;
  • Property that has passed to the spouse through a gift or inheritance;
  • Property acquired by the spouses in exchange for property that was acquired before marriage;
  • The contribution that each spouse made to increase the value of common property;

Divorce without a lawyer in Kentucky

If you apply for a divorce in Kentucky, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Kentucky can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Kentucky

When divorced in Kentucky, the court may require you and your spouse to attend counseling sessions with a mediators if there is a hope for reconciliation. In this case, the trial of your case will be postponed for a period of 30 to 60 days.

Divorce forms in Kentucky

The most common divorce form documents in Kentucky are ‘Petition for Divorce’, the ‘Summons’ and the ‘Certificate of Divorce’. However, depending on the circumstances of your divorce, as well as the county where you apply, you will need to fill out additional Kentucky divorce papers. It all depends on your personal divorce conditions.

The Kentucky Court on its website provides access to some necessary divorce documents, but there you will not find all the forms that you are required to sue. You can find additional papers freely available on the Internet, but on this you may need additional time. Online Divorce gives you the opportunity to fill out all the necessary Kentucky divorce papers using our service. You do not need to search for all forms which should be applied in your case and spend time to understand the features of their filling. Using the onlinedivorce.com service, you simply answer some questions that have taken place in your marriage, and we choose all the necessary divorce form documents that are appropriate to the circumstances of your divorce, and also fill them in accordance with state requirements.

We give a 100% guarantee that the Kentucky divorce papers filled out through onlinedivorce.com will be approved by the court. Now you do not need to spend time and money on attorneys, you can easily get Online Divorce in Kentucky because it's affordable, fast and convenient.

Uncontested divorce in Kentucky

Uncontested divorce in Kentucky

Very often one has to hear about exhausting lawsuits regarding divorce. Many couples have to face various difficulties in divorce, including heated discussions during the hearings. Nevertheless, to at least somehow simplify the already difficult process of marriage dissolution, Kentucky State allows you to file a petition for a simplified divorce. The bottom line is that the couple must agree on all the key points of their divorce, including:

  • Custody for minor children born in wedlock, visiting hours, as well as the main residence of the child;
  • The amount of financial support for the child, the cost of his or her medical insurance and other medical expenses;
  • Division of common property;
  • Division of assets and liabilities;
  • The division of tax payments;
  • Amount and period of payment of matrimonial support;
  • Grounds for divorce;
  • Any other disputes that may arise in the divorce proceedings;

Thus, the spouses must overcome their differences and come to an agreement on the issues listed above, which as a result will enable them to file for divorce in Kentucky on a simplified basis, after which the court will terminate the marriage within 60 days. Such a divorce is usually called uncontested.

Please note that depending on the circumstances of your divorce (for example, whether you have underage children or not) will affect on what divorce form documents you need to fill out. You are responsible for the Kentucky divorce papers that you submit to the court, because if they are not filled correctly, the judge will simply throw them away. If you have a written agreement in which you and your spouse are describing how you will decide your disputes about the main points of divorce, it must also be submitted along with the Kentucky divorce papers.

In order to be able to file for an uncontested divorce, in addition to the fact that you or your spouse must be completely in agreement with each other regarding controversial issues, you must also be a resident of the state.

How to serve divorce papers in Kentucky

Once you have filled out the divorce form documents you must file them in court, and also send copies to your spouse, in other words, to serve your spouse - this is an action that is aimed at ensuring that your spouse has the opportunity to review your statements before the trial begins. According to the conditions of the state, you have 45 days to serve the spouse. You can do this in several ways:

  • The easiest and cheapest is to hand over the documents to the spouse, if you stay in good relations. You should also ask the spouse to sign the form, that he or she has received the Kentucky divorce papers, and then transfer the form to the clerk from the court.
  • If you and your spouse find yourself in a not very good relationship, then you can send the papers by registered mail directly from the court office.
    Or:
  • Use the help of the local sheriff to pass on the documents to your spouse. This is a more expensive way of serving, since you will have to pay to the sheriff's office for services.

If you and your spouse have the same vision regarding the key issues of your marriage, then the divorce will take no more than 60 days. If you have arguments, then the divorce proceedings can take a long time.

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Filing fees for divorce in Kentucky

Total fees will contain sum of Kentucky court filing fees and cost of using the service of online divorce in Kentucky. This cost may vary by county. Please check with your local court officer to determine the exact amount.