How Long Does A Divorce Take In Kentucky?

How Long Does A Divorce Take In Kentucky
The questions and answers that follow provide information that is general in nature about divorce in the state of Kentucky. They will NOT instruct you on how to obtain a divorce without the assistance of an attorney. The legislation regarding divorce is complex and is subject to frequent revision.

Every every instance is unique. If your divorce is not going to be particularly easy, it is in your best interest to hire a lawyer. Just what exactly is a divorce? In the state of Kentucky, the legal process that brings an end to a marriage through the judicial system is referred to as a “dissolution of marriage.” This is a different word for the process of divorce.

Although we will be using the term “divorce” throughout these questions, it is essential that you keep in mind that the actual name of the legal procedure is “dissolution of marriage.” How long do I need to call Kentucky home before I am eligible to file for divorce here? Either you or your spouse must be presently residing in the state of Kentucky.

Before submitting an application, either you or your spouse must have been a permanent resident of Kentucky for a period of at least 180 days. In order to seek a divorce, is it necessary to prove that one of the parties was “at fault”? No. A divorce in Kentucky can be obtained with no need as to blame.

This indicates that there is no need for anybody to be at blame or have done anything wrong in order for the marriage to end in divorce. The state of Kentucky needs simply that one of the spouses be of the opinion that there has been a “irretrievable collapse” of the marriage and that there is no possibility of getting back together.

  • What are the primary actions involved in initiating a divorce? Either you or your spouse can submit a petition to end the marriage.
  • The “Petitioner” is the one who submits the petition for consideration.
  • The term “Respondent” is used to refer to the other person.
  • Your partner will have the opportunity to present their point of view on the matter.

They have the right to submit a response with the court and indicate to the judge whether or not they agree with what you have to say. You have the option of submitting a request to have a series of court hearings with a judge in the event that your spouse does not agree with what you state in the documents that you file.

  1. A motion needs to be submitted by either you or your spouse in order for the judge to hear your case.
  2. There are outstanding concerns that need to be addressed and resolved before the divorce can be finalized.
  3. In the event that either you or your spouse has property, pensions, or debts, or if one of you intends to seek the other for financial assistance after the divorce is finalized, it is imperative that these concerns be resolved before the divorce is finalized.

Before the divorce can be finalized, you and the other party, if you have children, are required to come to an agreement about child custody, parenting time, child support, insurance coverage, and medical and dental expenditures. You will not get any legal counsel or assistance from the clerk’s office in completing the relevant documents.

  • The “Decree of Dissolution” that the court issues at the conclusion of your divorce case is what officially puts an end to the marriage.
  • In order to file for divorce, how long do I have to wait after separating from my spouse before I may do so? At any point in time, you are free to petition for divorce; but, you and your spouse are required to have been physically separated and living in different residences for at least sixty days before a court may award a formal divorce judgment.

Because you and your spouse are physically separated, you and your partner are not engaging in sexual activity. However, it’s possible for both of you to live in the same location. In the event of a divorce, what concerns must be addressed? On the care and custody of your young children, including how much time each parent will spend with the children (parenting time) child support spousal maintenance insurance coverage medical/dental expenditures reimbursement of expenses and obligations property split up, including any pensions or retirement monies that need to be divided.

How long does it take to get a divorce? The length of time it takes to finalize a divorce is contingent upon the circumstances. When filing for divorce in the state of Kentucky, a spouse who has minor children together is required to wait at least one month before the proceedings may be concluded. As soon as the divorce petition is submitted, the court has the authority to issue interim orders; but, the divorce itself and any final orders cannot be processed until sixty days after the divorce petition was filed.

It is possible that the process will take more than sixty days, depending on the specifics of your case and the schedule of the court. When a couple does not share any children from the marriage, it is typically possible to conclude the divorce more quickly.

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However, the timing is still contingent on the difficulties that are involved in your divorce. This may be the case, for example, if both you and your spouse sign a contract, if you own a considerable amount of property, etc. When both parties agree to the terms of the divorce settlement or when one of the spouses chooses not to reply, the divorce is considered to be uncontested.

It is likely to take a few months to finalize a divorce that is not challenged. If the parties can’t agree on terms, the divorce process might take anywhere from six months to two years to complete. What steps should I take if I am presented with divorce papers and have them served on me? Option 1: Take no action at all.

  • You have the option to take no action.
  • The divorce proceeding will continue with or without you.
  • The statements made by your husband will be taken into consideration by the judge.
  • They are responsible for what is known as a “default judgment.” A default judgment is when a person is found guilty of a crime even though they did not appear in court to defend themselves or file any paperwork with the court indicating that they wanted to be a party to the case.

If there are no potential points of contention in the case, such as children or property, you might find success with this strategy. However, if you don’t agree with the decision that the judge makes without you, selecting this alternative might be problematic for you.

Consult with an attorney about the possibility of filing a response to the case in order to safeguard your legal rights and to ensure that you have some influence over how things turn out. Option 2: React to the divorce papers and take part in the legal proceeding You are welcome to participate in the case.

This requires you to appear in court to argue your side of the case. You are required to first provide a written response to the divorce papers that you have been given. Within twenty days after the day you were served with the divorce papers, you have the option of either not responding or mailing your answer to either your spouse or your spouse’s lawyer.

You are required to submit a copy of your response to the court within a few days of mailing the document to either your spouse or their attorney. Your response is an official written answer to the Petition, in which you declare whether or not you agree with the assertions that your spouse made in each paragraph of the petition.

Sign your name after deciding whether or not you agree with each of the statements. On your answer, you should write a statement that includes information on how, where, and when you mailed the letter to either your husband or the attorney. As an illustration, you may say something like, “I mailed this to at this address: on.” Put your signature here at the end of this statement.

You need to make at least three copies of your response, one of which should be filed with the court, another should be mailed to your spouse or spouse’s lawyer, and the third should be kept for your own records. I have lost track of my husband; is it still possible for me to seek a divorce? In the event that you are unable to locate your spouse, you are required to behave in accordance with a set of guidelines.

You are able to acquire a divorce provided that certain rules are followed. If this is your situation, you should talk to a lawyer as soon as possible. We do not advocate representing yourself. Contact your local legal assistance organization, Is it possible for me to seek a divorce while my partner is incarcerated? When one of your partners is incarcerated, there are some protocols that must be observed.

  1. You are able to acquire a divorce provided that certain rules are followed.
  2. If this is your situation, you should talk to a lawyer as soon as possible.
  3. There is no benefit to you representing yourself in this matter.
  4. Contact your local legal assistance organization,
  5. I am not a U.S. citizen.
  6. Is it possible for me to seek a divorce in Kentucky? Yes.

In order to acquire a divorce in the state of Kentucky, it is not necessary for either you or your spouse to be a citizen of the United States. If one of you has lived in the state of Kentucky for at least three months and a half, you are eligible to file for divorce.

However, if your eligibility to dwell in the United States is tied to your marriage, being divorced might have an impact on that status. If this is your situation, you should talk to a lawyer as soon as possible. There is no benefit to you representing yourself in this matter. Get in touch with the legal assistance service in your area.

What’s the difference between getting a divorce and getting a legal separation? Being “legally separated” means that you and your spouse are still legally married but that you no longer live with each other. In a decree of legal separation, both your rights and your duties are spelled out in detail.

  1. The legal procedure is very similar to the procedure for getting a divorce.
  2. After one year, you have the option of converting a legal separation into a divorce.
  3. Can I get my maiden name back? Yes.
  4. If you are granted a divorce and make the request, the court has the authority to change your name to either your maiden name or another name you have used in the past.
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It is up to you to determine if you wish to use another legal name; your ex-spouse does not have any say in the matter for you and cannot make the choice on your behalf. If either my husband or I become pregnant during the marriage, may I still apply for divorce? You have the right to apply for divorce, but the court won’t finalize it until the kid is born or the pregnancy is no longer ongoing.

  1. If my partner is serving in the military, can I still apply for divorce? If your partner is serving in the military, the answer is yes, you can still file for divorce.
  2. However, if one of the parties is serving in the military and unable to attend court proceedings, the divorce process might take even longer.

Active-duty personnel of the armed forces have the ability, according to the Service Members Civil Relief Act (SCRA), to petition for a “stay” of a divorce or other legal proceedings. A “stay” is a delay in the proceedings that are being held in court.

Other assertions include items such as: Spousal support custody split of assets for child support payments military pension division They have the option to file a “stay” motion in the event that their responsibilities prevent them from participating in the court action or providing a response to it.

The initial “stay” must be for a minimum of ninety days. Visit http://statesidelegal.org/divorce-military-families-how-it-is-different-what-you-need-know for additional information about divorces that occur in military families and how they differ from civilian divorces.

  • In the state of Kentucky, how much does it cost to file for a divorce? The fee that must be paid to file for a divorce varies from one county to the next.
  • For further information about the cost, you should get in touch with the Office of Circuit Court Clerk in your county.
  • Additional information on the Circuit Court Clerks is available at the following web address: https://kycourts.gov/courts/clerks/Pages/default.aspx.

If I am obtaining a divorce from an abusive husband, are there certain things I need to take into consideration? Yes. Sometimes the most hazardous period for the victim and any children involved is right after the abusive relationship has ended. Visit the Kentucky Coalition Against Domestic Violence online at https://kcadv.org/index.php to see whether you qualify for free legal and non-legal assistance.

Do you have to wait 60 days for a divorce in Kentucky?

7. How long must I live apart from my spouse before I may file for a divorce? In the state of Kentucky, in order for a couple to file for divorce, they are required to have been “separated” for at least sixty days before to doing so. This requirement stipulates that the parties must either live in separate residences or abstain from sexual activity for a period of sixty days before the divorce may be completed.

How long does it take for a uncontested divorce to be final in KY?

How Long Does It Take to Get an Uncontested Divorce in Kentucky? Fortunately, the process of getting a divorce that is not disputed often takes a lot less time than getting a divorce that is fought. The absence of court hearings and divorce processes is the primary reason for this.

Once the court has received all of the necessary paperwork for your divorce, it will typically take anywhere from sixty to ninety days for you to get the final divorce decree. You will of course still be required to pay the filing fee, but using this route will save you a significant amount of money compared to the expense of protracted legal battles.

Even though an uncontested divorce isn’t as complicated as other types of divorces, it’s still a good idea to consult with a lawyer who has prior experience with divorce cases in Kentucky. O’Bryan Law Offices can provide you with all of the legal guidance you require to ensure that your divorce goes as smoothly as possible.

How much does divorce cost in KY?

The Average Cost of Filing for Divorce and Typical Attorney Fees, State by State

State Average Filing Fees Other Divorce Costs and Attorney Fees
Kentucky $148 (without an attorney), $153 (with an attorney) Average fees: $8,000+
Louisiana $150 to $250 Average fees: $10,000
Maine $120 Average fees: $8,000+
Maryland $165 Average fees: $11,000

Is Ky A no-fault divorce state?

In the state of Kentucky, divorces are granted on a “no-fault” basis. In the state of Kentucky, neither party is required to prove that the other party is at fault, such as by presenting evidence of infidelity, in order to petition for a divorce. Before a divorce judgment may be issued by a court in Kentucky, the court must first make a finding that the marriage has ended in such a way that it cannot be restored.

Do you have to pay alimony in Kentucky?

Is Divorce in Kentucky Possible Without Providing a Reason? – The state of Kentucky follows the no-fault divorce model. Because of this, it is irrelevant to determine which partner was at blame for the dissolution of the marriage because the rules of divorce in Kentucky only acknowledge no-fault divorce grounds.

  1. The sole requirements for obtaining a divorce are for the spouse who is completing the paperwork to indicate that the marriage is “irretrievably shattered” and that the pair has been living apart for at least one month.
  2. Entucky is one of the few states that does not permit divorced spouses to plead fault or other “grounds” for the divorce.
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The term “fault” refers to the same thing as “marital misbehavior,” which is defined as an act of wrongdoing done by one spouse against the other. Adultery, desertion, abuse, fraud, a conviction for a felony, or drug dependency are some examples of the things that might fall under this category.

Does infidelity affect divorce in Kentucky?

Since Kentucky is a no-fault state when it comes to divorce, the act of adultery does not result in any “divorce penalties.” This is the short answer to this issue. The longer explanation is that Kentucky is a no-fault state when it comes to divorce.

How long can a spouse drag out a divorce?

What Options Do I Have If My Spouse Refuses to Sign the Divorce Papers? A common question that we get from customers whose partners are difficult is, “How long can my partner drag out the divorce?” We are sorry that we cannot inform you. Since there is no set time limit for getting a divorce, your partner has the ability to drag out the procedure for a number of months or even years, depending on the specifics of your scenario.

You, on the other hand, are not required to do nothing while your partner takes their time with anything. You are able to ask the court to have a hearing to discuss these matters if you have legal representation. You are not to blame for the delays, thus you have the right to ask your husband to pay the expenses associated with hiring an attorney.

In the event that they disregard the instructions of the court, a judge may press charges of contempt of court against your spouse. Your spouse may be more willing to comply with the procedure if they are concerned about the possibility of going to jail.

Are you allowed to date during a separation?

How Long Does A Divorce Take In Kentucky Why Dating While Separated Is So Difficult – Is Dating Allowed During a Breakup? It is permissible to date while separated so long as you are maintaining separate residences and abiding by any court orders or other agreements. However, dating during a separation may have emotional repercussions that might have a lasting effect on the quality of life for your entire family for a number of years to come.

According to the findings of researcher P.R. Amato, being separated is a “socially ambiguous status” since it is “not quite married, nor quite divorced” (2010). No matter how long you live apart from your partner, you are still considered to be legally married to that person under the law. This distinction distinguishes a separation from a divorce.

If you are interested in dating while you are separated, there are a lot of things you need to think about first. The following are six key aspects of your divorce that need to be addressed, as well as the potential effects that it will have on your children and the other associated hazards that are involved.

How is property divided in a divorce in Kentucky?

An Overview of the Process of Dividing Property During a Divorce – The term “property division” in the context of a divorce refers to a wide variety of other things in addition to real estate. This includes dealing with the debts, cash, personal property, retirement funds, bank accounts, and other assets that were acquired during the marriage.

  1. When a couple gets divorced, the courts in Kentucky do what the courts do in most other states and divide the marital assets equally (fairly).
  2. Entucky is one of the few states that does not follow the norms of community property, which mandate an equal distribution of marital assets and liabilities.

Instead, the state mandates a fair, but not necessarily equal, distribution of property.

Is Kentucky a 50 50 state when it comes to divorce?

Is the divorce rate in Kentucky about the same as the national average? –

Does infidelity affect divorce in Kentucky?

Since Kentucky is a no-fault state when it comes to divorce, the act of adultery does not result in any “divorce penalties.” This is the short answer to this issue. The longer explanation is that Kentucky is a no-fault state when it comes to divorce.

Is Ky A no-fault divorce state?

The state of Kentucky follows the “No-Fault Divorce” model. Because Kentucky is a no-fault divorce state, the judges who preside over cases in family court typically have little interest in hearing about the infidelity of one of the partners. Therefore, unfaithfulness on its own is not grounds for denying a spouse maintenance or alimony if that spouse is otherwise eligible for these benefits.