What is the divorce process in Kentucky?

What is the divorce / legal separation process in Kentucky?

The legal process begins with an analysis to determine whether you meet the requirements to file divorce (aka dissolution of marriage) or legal separation. Click HERE for a detailed discussion of the analysis.

Assuming you meet the requirements to file divorce (aka dissolution of marriage) or legal separation in the Commonwealth of Kentucky, the next step is to file a lawsuit against your spouse.

You need a civil summons and a petition in every jurisdiction but there may be other documents required by the local rules of your county. The local rules of your county and some self-help forms can be found by clicking Local Rules of Practice - Kentucky Court of Justice. Click HERE for a detailed discussion.

What do I do if I don't feel comfortable going through the process on my own? After all, the prospect of divorce is stressful enough.

In that case, call my office at (502) 509-1490 to make an appointment. Once you hire us, I'll complete the paperwork with you sitting there and we'll file it with the court when we have all signatures.

How long does it take to get divorced?

It depends on whether the divorce / dissolution of marriage / legal separation is uncontested with children or uncontested without children or contested. If it is contested or if you hope it will be uncontested but your spouse is not readily availabile to sign the necessary paperwork, then it also depends upon whether you know how to locate your spouse and how long it takes to serve your spouse the paperwork.

What happens if I do not know where by spouse is located but I meet the requirements to file for divorce in the Commonwealth of Kentucky?

The process adds time and the judge may or may not be able to dispense with all property considerations, but you are likely entitled to a divorce / dissolution of marriage / legal separation. Call my office at (502) 509-1490 to make an appointment so we can discuss your situation to see what is right for you.

Uncontested divorce / dissolution of marriage / legal separation where you agree on who gets what, with no minor children, and 60 days without sexual cohabitation with your spouse.

Now, there is a simple process if either you or your spouse have resided in Kentucky for 180 days before filing the petition, you and your spouse agree the marriage is irretrievably broken with no hope of reconciliation, neither you nor your spouse are pregnant, you and your spouse have no minor children, you and your spouse discussed and agree on how to divide your property and your debts, you and your spouse have not sexually cohabitated with one another in the last 60 days, and you and your spouse are willing to use one attorney who represents only one spouse where the other spouse is pro se (meaning for oneself, on one's own behalf) and have the money to hire me.

You'll be divorced as soon as the judge reviews it, determines everything is in order and the agreement meets the statutory requirements, and the clerk enters the order. You will not have to go to court (unless the judge sees something that causes him / her concern). 

Uncontested divorce / dissolution of marriage / legal separation where you agree on who gets what, with minor children, and 60 days without sexual cohabitation with your spouse.

What if all those things are true and we have minor children? In other words, one of us has resided in Kentucky for 180 days before filing the petition, we agree that the marriage is irretrievably broken with no hope of reconciliation, we have one or more minor children, we discussed and agree on how to divide our property and our debts, we have not sexually cohabitated with one another in the last 60 days, and we are willing to use one attorney who represents only one spouse where the other spouse is pro se (meaning for oneself, on one's own behalf). Is there a simple process?

In that case, call my office at (502) 509-1490 to make an appointment. I'll complete the 1st part of the paperwork with you sitting there and we'll file it with the court the same day. Here's the difference, the 60 day clock starts once we file your spouse's entry of appearance and waiver. You will make an appointment for a date and time that is convenient to you sometime after the 60 days have passed before you leave the office to sign the final paperwork.

During the 60 day waiting period, you, your spouse, and each school aged child will attend separate Families in Transition or Parent's Education Classes (see my blog Families in Transition (FIT) Bullitt County, Hardin County, Jefferson County Frequently Asked Questions and Schedule for 2022). You will provide proof of completion which we will file with the Court.

You will come into the office to sign the final paperwork - we'll do it electronically - and we'll file it with the court. You'll be divorced as soon as the judge reviews it, determines everything is in order and the agreement meets the statutory requirements, and the clerk enters the order. You will not have to go to court (unless the judge sees something that causes him / her concern).

All other scenarios - contested divorce / dissolution of marriage / legal separation

In all other cases, the process for divorce depends on several considerations and you can find a detailed analysis by clicking HERE of the following considerations:

  • Have you or your spouse resided or been stationed in Kentucky for the least 180 days before filing the divorce or disssolution of marriage petition?
  • Do you or your spouse believe the marriage is irretrievably broken with no hope of reconciliation?
  • Did you and your spouse have or adopt any children who are minors?
  • What is the military status of you and your spouse? 
  • Are or do you or your spouse plan to be an active duty service member, reservist and the member of the National Guard?
    • If so, is the servicemember deployed?
  • Is one of the spouses pregnant?
  • Have you and your spouse lived without sexual cohabitation for at least 60 days?
  • Do you or your spouse want to stay on the other spouse's insurance after the decree is entered?
  • Whether assets are being hidden?
  • Sometimes, one or both of the spouses just want the fight or hold entrenched and unreasonable beliefs about how the process will play out.

Shepherdsville Divorce & Family Law Attorney

If you’re contemplating a divorce, the Law Offices of John Schmidt & Associates is here to help - we're here for you. We have the ability to be as persuasive and as aggressive as you want as the situation demands. We like to get results quickly and solve your problem(s), but you are the client and you get to decide how aggressively you want us to pursue solutions.

We will use our experience in resolving child custody battles and other many types of family law matters to benefit you. Our office is conveniently located in Shepherdsville, but we are also proud to serve the surrounding legal communities of Louisville, Elizabethtown, Jeffersontown, Mount Washington, and Radcliff, Kentucky. Call today to schedule a free meeting and ensure sure that you know facts from fiction.

Finding a Good Lawyer

One good way to find a lawyer is to check out their online recommendations, ask friends, acquaintances, or other lawyers and attorneys for referrals and then interview the candidates. You can call my office at 502-509-1490 to schedule a consultation to discuss your options or set an appointment here: https://www.johnschmidtlaw.com/schedule-appointment/

Let Our Experienced Team Help

If you’re facing divorce, custody, grandparent's rights, paternity, adoption, criminal charges, personal injury, or need deeds or wills prepared in or around Shepherdsville or Shelbyville or Taylorsville or Radcliff or Elizabethtown or Louisville, Kentucky, rely on our team at the Law Offices of John Schmidt & Associates. We will fight aggressively to help you protect your rights with the goal of obtaining the most favorable outcome. Schedule an appointment here: https://www.johnschmidtlaw.com/schedule-appointment/

 


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