How Does the Kentucky Divorce Process Work?

For most people, ending a marriage is not an easy thing to do. Whether the marriage has lasted a few years or a few decades, deciding to walk away is often an emotionally draining decision to make. Along with the emotional aspect of divorce, there are practical considerations to consider. Ending a marriage must be accomplished legally as well as emotionally. If you have reached the point at which you are considering divorce in Kentucky you should have a basic understanding of how the Kentucky divorce process works before you go any further. Because each divorce is as unique as the marriage being ended, only a Kentucky family law attorney can offer you individualized advice and guidance; however, the following steps are common to most divorces in Kentucky.

• Basic requirements. To file for divorce in Kentucky either you or your spouse must have been a resident of Kentucky for 180 days preceding the filing of the Petition.

• Filing. You will file a Petition for Dissolution of Marriage with the court. This document asks the court to grant you a divorcee and asks for anything else you wish out of the divorce. Basic information about you, your spouse, and your marriage will also be included in the Petition.

• Serving Respondent. Your spouse must be notified of the filing of the Petition and must be provided with a copy of the Petition and a Summons. Notification is usually made in person or by a process server; however, if you cannot locate your spouse additional measures must be taken to meet the legal requirements of service of process.

• Answer. Your spouse may then file a formal, written Answer with the court or may choose not to respond to the Petition. If an Answer is filed it will admit, deny, or claim lack of sufficient information for each allegation in the Petition. The Answer provides you and your attorney with a good idea whether or not your spouse plans to make the divorce contentious or not.

• Agreement or default judgment? If your spouse did not file an Answer you can eventually ask the court to grant you a default judgment, meaning you will be divorced and may get most of what you asked for in the Petition because your spouse failed to respond. If your spouse did respond, but you two are able to reach an agreement that resolves all issues in the divorce, you may reduce the agreement to writing and file a Marital Settlement Agreement for the court to approve.

• Discovery/negotiation/mediation. If no agreement is forthcoming, the court may order mediation. In addition, the discovery process will begin which requires both sides to divulge important information pertaining to the marriage and divorce to the other side. The two sides will attempt to negotiate a settlement.

• Trial. If negotiations were unsuccessful, a trial will be held. All unresolved issues will be resolved at trial.

• Final Decree. Either pursuant to default judgment, agreement, or trial verdict, a Decree of Dissolution of Marriage will eventually be entered by the court, meaning you are now legally divorced.

If you have specific questions or concerns, contact an experienced Kentucky family law attorney as soon as possible.