Divorce in Kentucky

In the state of Kentucky, you can file for divorce on your own or by hiring an attorney. Whichever option you choose, you must follow all of the laws and procedures for getting divorced under Kentucky law. Divorce laws in Kentucky provide for “no-fault” divorce. This means that if one party wants to get divorced, he or she can do so by claiming that there has been an “irretrievable breakdown of the marriage.” [1]There are a number of steps that you can take in order to successfully get divorced in Kentucky and resolve all issues that may come up during your divorce.

Steps

Filing for Divorce in Kentucky

  1. Meet all residency requirements for divorce under Kentucky law. 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.[2] If you don’t meet these residency requirements, you cannot get divorced in Kentucky until you meet them.
    • Divorce is different than a legal separation under Kentucky law. While a divorce formally ends your marriage, a legal separation does not. However, a judge can issue court orders in a legal separation that govern issues like custody, visitation, and payment of debts.
    • Divorce also differs from annulment, which is a court order declaring that a marriage never existed. Typically, an annulment is granted after a very short marriage, and before the parties have had children or accrued any marital property. There are are very specific requirements under Kentucky law in order for individuals to get an annulment.
  2. Decide whether to hire an attorney. 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. An attorney can help you with more complex issues, such as a dispute about the custody of your children. Plus, an attorney can make sure that you file all of the required documents with the court and that you don’t end up with an unfair settlement. Your risk of an unfair settlement or court decision increases if you don’t hire an attorney. If you do choose to hire an attorney, you will have to pay your attorney’s fees. The amount of these fees may vary. In some cases, your spouse may be ordered to pay your attorney’s fees.
  3. Obtain and complete the required forms. If you hire an attorney, your attorney will prepare all of the required forms for you, and you will just sign them. If you wish to file for divorce on your own, you should know that Kentucky does not have standardized divorce forms. Some counties do provide self-help divorce packets, such as Jefferson County, where you can get the forms at the Family Court and drivers' license branches, for a fee of $10.00. The Legal Aid Network of Kentucky[3]also provides both interactive and printable forms for parties who wish to file for divorce on their own. These documents differ according to whether you and your spouse have children or not. The required forms include the following:
    • AOC-15 Civil Summons – You may have to deliver this document, along with a copy of the Petition, to your local Sheriff’s Department for service. Sometimes, the Clerk’s office will have a box to deliver these documents to the Sheriff.
    • Form #1A Petition for Dissolution of Marriage
    • REDACTED Form #1A Petition for Dissolution of Marriage
    • AOC-FC-3 Case Data Information Sheet
    • REDACTED AOC-FC-3 Case Data Information Sheet
    • VS-300 Certificate of Divorce or Annulment[1] – You must print this form on thick resume-type paper that is 25% cotton bond and has a visible watermark.
    • AOC-238/239 Simplified Verified Disclosure
  4. Pay the court filing fee. 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.
  5. Obtain and complete any optional forms. There are other forms that the court does not require to get a divorce, but that you may wish to file, depending on your circumstances.
    • Form 8 Motion to Proceed without Paying Costs (In Forma Pauperis) – You complete and file this form if you cannot afford to pay the filing fee to the court for a divorce. If you qualify for legal aid help, for instance, you may qualify for relief from the filing fee, as well.
    • Form 9 Affidavit for Warning Order Attorney – You complete and file this form if you don’t know where your spouse lives or have a mailing address for him or her.
  6. File the required documents in your local county clerk’s office. 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.
  7. Request temporary orders, if needed. While your divorce is ongoing, you can ask the court to put temporary orders into place until your divorce becomes final.[4]These orders often are called provisional or preliminary orders. The most common types of temporary orders involve children, such as temporary custody, visitation, and child support orders. These orders can help maintain stability for your children until you can finalize your divorce.[5]
    • If you want provisional or preliminary orders, you should be sure to ask how you schedule such a hearing at the time you file your divorce papers with the court. The court may have an additional form for you to fill out or you may need to call back at a later date to schedule your preliminary hearing.

Addressing Common Issues in Your Kentucky Divorce

  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. If you and your spouse can’t agree how to divide your property, you each will have to provide the court with evidence about your property and debts. This includes everything you own, how much it is worth, what you owe to whom and how much, and how you propose to divide this property and debt. Property and debts are valued as of the date of the spouses’ separation. The court will make a decision after hearing evidence from both of you. The court usually divides property equally between the spouses, but the court can award more than 50% of the property to one party or the other for a good reason.[6]Examples of the proof that you must provide include the following:
    • Address of any real estate and its value
    • Mortgage statement showing the balance of the loan as of the date of separation
    • Bank account statements
    • Retirement account statements
    • Listing of any valuable personal property and its value
    • Statements showing the balances of any debts as of the date of separation
  2. Decide whether maintenance is needed. In some divorces, one spouse may be ordered to pay the other maintenance. These are cash payments that may be temporary or permanent. Maintenance is often ordered after a long marriage in which one spouse stayed at home while the other worked. There also might be a maintenance order if one spouse has a significantly higher income than the other. If you can reach an agreement on maintenance and all other issues, then you and your spouse can complete and file the Marital Settlement Agreement. [7]Otherwise, you will have to present evidence about whether a maintenance order is appropriate or not, such as the following:
    • Proof of both spouses’ income through paycheck stubs or income tax returns
    • Testimony about each spouses’ work history and income throughout the marriage
  3. Determine the best custody arrangement for your children. Most of the time, children live primarily with one parent and visit with the other parent during scheduled times. Some parents, however, are able to share custody of their children. If you can reach an agreement on custody and all other issues, then you and your spouse can complete and file the Marital Settlement Agreement. When parents can’t agree on custody, the court will make a custody decision based on the best interests of the child [8]The factors that relate to the best interest of the child standard include the following:
    • Wishes of the parents
    • Wishes of the children
    • The interaction of the children with their parents, siblings, and any other persons involved
    • The children’s adjustment to home, school, and community
    • The mental and physical health of all parties involved
    • Any evidence or records of domestic violence
  4. Set up a visitation schedule. Some counties in Kentucky have written visitation standards that give guidance to parents about visitation schedules, but others do not. These visitation standards can be helpful when parents can’t agree on a visitation schedule. The standards typically allow the noncustodial parent to visit with their children every other weekend and for one night during the week. Parents usually split holidays with their children. In some cases, a parent may receive only limited or supervised visitation, if the court determines that regular visitation would be harmful to the children. If you can reach an agreement on visitation and all other issues, then you and your spouse can complete and file the Marital Settlement Agreement. The court will either approve your agreement, or, if there is no agreement, the court will order a visitation schedule for the parties to follow.
  5. Calculate a child support order. Kentucky has statewide child support guidelines that the courts follow in calculating a parent’s child support obligation.[9]These guidelines calculate child support based on each parent’s income, child care expenses, and other factors. If a parent is unemployed, his or her income is calculated as if he or she worked a full-time, minimum wage job. As part of a child support order, one or both parents also may be ordered to provide health insurance for their children.

Finalizing Your Divorce in Kentucky

  1. 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.
  2. Attend a divorce education course if required. If you and your spouse have children together, the court may require you both to attend a divorce education course, such as “Families in Transition.” [10]Your county clerk’s office can tell you if the court in your county has this requirement. You usually must pay a fee to take this class, but the fee often is based on your income.
  3. Obtain and complete the forms required to finalize your divorce if you and your spouse have an agreement. There are a number of forms that you and your spouse can complete together and file with the court if you have reached an agreement on all matters related to your divorce. These documents tell the court about your agreement and ask the court to schedule your case for a final hearing after 60 days have passed.
    • Form #2 Entry of Appearance and Waiver
    • Form #3A Marital Settlement Agreement
    • AOC 238.3 Acknowledgement of Preliminary/Final Disclosure Statement
    • Form #4 Deposition of Petitioner
    • Form #5A Finding of Fact and Decree of Dissolution of Marriage
    • Form #9 Motion for Final Decree[3]
  4. Obtain and complete the forms required to ask for a default judgement, if needed. 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.
    • Form #6 Motion for Default Judgment
    • Form #6 Decree of Dissolution of Marriage
    • Form #4 Deposition of Petitioner
  5. Obtain and complete the form required to finalize your divorce when you have no agreement with your spouse. This is necessary when your spouse has been served with the notice of the divorce and has responded to the divorce, but you cannot reach an agreement with him or her. You will have to ask the court to schedule a final divorce hearing by filing Form #10 Notice-Motion-Order to Schedule Final Hearing.
  6. Proceed to a final divorce hearing. 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. If you and your spouse can’t reach an agreement on some or all issues in your divorce, the judge will hear evidence from both of you about any issues you can’t agree on at the final divorce hearing. You are responsible for presenting evidence to the court about any such issues. After your hearing, the judge will make a decision. You can prepare for the hearing by taking the following steps:
    • Make a list of all the legal issues that have to be addressed in your divorce.
    • Write down what issues you and your spouse have agreed upon, if any.
    • For the issues that you can’t agree on, write down what you want the judge to do about that issue.
    • Be ready to back up your requests with written documentation, if needed. For instance, if you want your spouse to pay a certain debt, you’ll have to present a monthly statement from the date of your separation showing that you and your spouse owe the debt and how much is owed.
    • Have a good explanation for everything that you are asking the judge to do. For example, if you want your spouse to pay a certain debt, you have to explain why
  7. Receive your signed divorce decree. Once you receive a copy of your divorce decree that has been signed by the judge, you are legally divorced. This decree will serve as all the proof that you need to show that you are divorced. If you are female, you may have asked the court to change your last name back to your maiden name or a previous name. You can use your divorce decree as proof that your name has changed, although you still may need to take additional steps to change your name with some agencies.

Warnings

  • If you do not know where your spouse lives and you have to have a Warning Attorney appointed, you must provide the court with your spouse’s “last known address.” That attorney will file a report to the court within 50 days. You may be charged a fee for the services of the Warning Order Attorney.
  • Residents of Jefferson County, Kentucky, may need to follow slightly different procedures and fill out additional forms. These forms are also available through the Legal Aid Network of Kentucky.[3]
  • Divorces can become complex very quickly, especially if children, real estate, and retirement accounts are involved. You always should consider consulting with an attorney for help.



Related Articles

Sources and Citations

  1. ↑ http://www.lrc.ky.gov/Statutes/statute.aspx?id=1450 http://www.nolo.com/legal-encyclopedia/kentucky-divorce-32139.html
  2. ↑ http://www.kyjustice.org/node/610#general
  3. ↑ 3.0 3.1 3.2 http://www.kyjustice.org/divorceforms
  4. ↑ http://www.lrc.ky.gov/Statutes/statute.aspx?id=1449
  5. ↑ http://kyjustice.org/node/610
  6. ↑ http://www.lrc.ky.gov/Statutes/statute.aspx?id=1452
  7. ↑ http://www.lrc.ky.gov/Statutes/statute.aspx?id=1453
  8. ↑ http://www.lrc.ky.gov/Statutes/statute.aspx?id=1464
  9. ↑ http://www.lrc.ky.gov/Statutes/statute.aspx?id=1456
  10. ↑ http://courts.ky.gov/courtprograms/divorceeducation/FIT/Pages/default.aspx
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