How Do I Start the Divorce Process in Elizabethtown?

For most people, the decision to seek a divorce is not entered into lightly. If, however, you have decided that divorce is your best option you may now be wondering “how do I start the divorce process?” In Elizabethtown, the divorce process begins with the filing of a Petition.

A Petition for Divorce is a legal document that sets forth what you are requesting, in this case dissolution of your marriage from your spouse. The Petition typically provides pertinent facts about the marriage, such as the date of the marriage, whether or not minor children were born to the marriage, and the date of separation. Kentucky is a “no fault” state, meaning that you do not need to allege specific grounds on which to seek a divorce. The Petition will simply state that the marriage is “irretrievably broken” and there is no prospect of reconciliation.

Along with the Petition a Civil Summons must also be prepared and served on the Respondent, in this case your spouse. The Civil Summons is an official court document notifying your spouse that the Petition has been filed and telling your spouse how many days he or she has to respond to the Civil Summons. If you spouse fails to file an official written Response in the time allotted you may still proceed with the case.

Although some divorce proceedings are relatively simple, even an apparently amicable divorce can become complicated rather quickly. This is particularly true if there are minor children involved or if issues arise with regard to the division of assets or debts of the marriage. For this reason it is always best to consult with an experienced divorce attorney before attempting to begin the divorce process in Elizabethtown. Divorce is inherently emotional for everyone involved. Even if both parties are able to reach an agreement it often helps to have a professional involved to ensure that the agreement is properly prepared and this protects everyone involved from problems down the road. Consulting with an attorney ahead of time also ensures that you are protected should your seemingly amicable divorce suddenly turn adversarial.