Today divorce has become quite trendy. You can rarely find anyone who hasn’t been affected by the exhausting paperwork and unbearable expenses associated with divorce. Even the nicest relationships may be tested by the demands and difficulties of the divorce process. But what if it doesn’t have to cost much time and money? The best way to get divorced fast and painlessly is to file for an uncontested divorce. To apply for divorce in Kentucky, you don’t even have to leave the house anymore; several clicks separate you from your trouble-free life.
This simple step-by-step guide will help you get through that seemingly complicated divorce process.
Step 1. Agree on everything that may become a problem before going to court.
For some couples, it may be impossible to agree on each and every issue. Unless you are ready to spend endless hours arguing who gets what, consider discussing property division and spousal support beforehand. If possible, try to split up your shared property and assets. Another thing to work out is child custody: keep your child’s best interests in mind when negotiating custody agreements and figure out the best option possible for them to have a healthy environment at home.
Step 2. Define your grounds for divorce.
In Kentucky, your marriage being irretrievably damaged is a good enough reason to file for a divorce. It is considered a “no-fault” ground, which is the easiest to deal with in a dissolution of marriage. Still, you need to remember that you and your spouse may live under the same roof but mustn’t be engaged in any sexual relations for 60 days.
Residence also matters – filing for divorce in Kentucky, you will have to sign a sworn statement that you have lived in Kentucky for the past 180 days.
Step 3. Prepare your forms.
Before initiating the divorce process, make sure you have prepared all the appropriate forms.
The petitioner (the initiator of the divorce) in Kentucky needs to file the following forms:
- the summons and petition for divorce,
- the case data information sheet, and
- the certificate of divorce.
You have three options for completing the paperwork: contact the clerk at the court to get the forms and do it yourself, use online divorce services, or hire an attorney.
The easiest option for completing the forms is to get assistance online. Internet divorce will save you a fair amount of time and money because you can do it yourself without attorneys.
Step 4. File your forms and serve your papers.
Make sure to make two copies of each document, one for you and one for your spouse. The originals must be filed with the court. You will need to pay a fee when filing with the court. If you can’t afford the fee, you can apply to waive the filing fees. The fee will vary depending on the county.
According to Kentucky law, the petitioner has a maximum of 45 days after filing to serve the documents on the respondent. If you don’t serve the papers within 45 days, the clerk of court will dismiss your case, and you’ll have to start the divorce process over.
There are a few options to serve your spouse in Kentucky:
- County Sheriff
- Private Process Server
- Via registered mail
After you serve the divorce papers, get ready to finalize your divorce.
Step 5. Finalize your divorce.
Kentucky has a mandatory waiting period of 60 days from the date of the initial filing or if you don’t have children, from the date of separation. When the waiting period is completed, you are finally divorced.
If every step is accurately followed, you will be divorced in no more than 60 days. To avoid any confusion and stress, you should seek online assistance as it may significantly simplify the divorce process for you and your spouse.
Frequently asked questions:
- Do I need an attorney to file a divorce?
Actually, no. Today you don’t have to find an attorney and pay their fees as you can easily get help online. Online assistance will not cost much and will free you from many unnecessary hassles, such as searching for the right forms and filling unrequested ones.
- Can the court divide the property?
Yes, if you and your spouse don’t have any agreements, the court will divide marital property and debts. Usually, the division is made according to the 50/50 model.
- What will happen to the children?
The court will issue custody and decide on visitation and child support if there are children in the marriage. However, you can still consider existing parenting plans and custody agreements so that you will be able to work it out with your spouse before appearing in court.
- Can I file for a divorce if my spouse is in the military?
Yes, you can still file for a divorce, but remember that getting a divorce may take a bit more time if your spouse is on active duty and can’t be present at the hearings.