How To Divorce In Kentucky?
- Michael Paul
Having to do with getting a divorce in Kentucky
- Either you or your spouse can submit a petition to end the marriage.
- Your partner will have the opportunity to present their point of view on the matter.
- There are outstanding concerns that need to be addressed and resolved before the divorce can be finalized.
- You will not get any legal counsel or assistance from the clerk’s office in completing the relevant documents.
How much does it cost to get divorce in Kentucky?
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|
How easy is it to get a divorce in Kentucky?
Instructions for Filing for an Uncontested Divorce in the Commonwealth of Kentucky – In contrast to other jurisdictions, Kentucky does not have a distinct process that is streamlined for divorces that are not challenged. The divorce petition can be submitted by either partner alone or jointly by both partners.
- It is called the Petition for Dissolution of Marriage, and it is the paperwork that you will file in order to get the divorce started.
- In addition to the petition, you will need to file the following documents: A Civil Summons or an Entry of Appearance and Waiver, whichever one is applicable (if your spouse agrees to waive service, which is discussed below) an agreement regarding the property division following the dissolution of the marriage, a Case Data Information Sheet, and a Certificate of Divorce or Annulment.
If you have children who are still considered minors, you might be required to complete separate or extra paperwork. It is a good idea to contact the clerk of the court in the county where you want to file your case in order to find out whether there are any additional or local forms that you are required to utilize.
How does a divorce work in Kentucky?
Kentucky follows a practice known as “no fault” divorce, which means that no one is held accountable for the dissolution of the marriage. This type of divorce is common in Kentucky. In order to file for divorce in Kentucky, one of the parties must only hold the belief that the marriage has “irretrievably broken down” and there is no possibility of it being repaired.
What is the cheapest way to get a divorce in Kentucky?
The legislation governing the dissolution of marriage (often known as divorce) in Kentucky does not have to be a mystery. Find out about the residence requirements, processes, and grounds for dissolving the marriage, as well as what to expect about the division of property, alimony, and child support and custody.
The process of seeking a divorce in Kentucky is quite comparable to the processes used in most other states. In the state of Kentucky, a divorce is referred to as the “dissolution of marriage.” A divorce will accomplish two goals for every married couple: first, it will end their marital bond, and second, it will allow them to separate their financial responsibilities and assets.
Alimony could become a problem if they have been married for a substantial amount of time, if they have children together, and if one of them will not be able to provide for themselves financially after the divorce. In the event that there are children under the age of majority, they will also need to work out problems with child custody, visitation, and child support.
- Place of Residence and Procedures for Filing In the state of Kentucky, the individual who files for divorce (known as the petitioner) has to have been a resident of the state for at least 180 days before they may do so.
- You have the option of filing your petition in the Circuit Court of the county in which either you or your spouse lives.
Procedures A divorce that is not disputed is the most straightforward method. If you and your spouse are divorcing, this is the stage at which you and your spouse can negotiate a settlement on the split of your property and, if you have any children, the care that will be provided for them.
The process of getting a divorce starts with the preparation of a document known as a Petition for Dissolution of Marriage, together with a number of additional papers that support the petition. One of these papers will be a marriage settlement agreement, which outlines the allocation of assets and is necessary for a divorce that is not challenged (and your agreement regarding any children).
These papers will be submitted to the court, and your spouse will receive copies of them to keep in their possession. You will be required to appear in court for a hearing, during which the judge will verify that all of your documentation is in order, maybe ask you a few questions, and then enter your Decree of Dissolution of Marriage.
- Reasons to Get a Divorce The terms “grounds for dissolution” and “grounds for getting a dissolution” are used interchangeably.
- This is the evidence that supports the decision to end the marriage partnership.
- In the state of Kentucky, like in the majority of other states, there exist reasons for divorce that are usually known as no-fault grounds.
Kentucky, in contrast to the majority of states, does not have any fault-based grounds. In Kentucky, if you want to receive a no-fault divorce, you need to say in the petition for dissolution of marriage that “the marriage of the parties is irretrievably shattered.” This is required in order to get the divorce.
Distribution of Property Throughout a dissolution, you and your spouse will divide up all of the assets and liabilities accumulated during your marriage. In most cases, you will be entitled to retain ownership of any nonmarital property, which includes the following items: Property that was owned before the marriage, property that was received as a gift or inheritance during the marriage (and income from such property), property that was acquired in exchange for nonmarital property, property that was acquired by a spouse after a decree of legal separation, property that was excluded by a valid agreement between the parties, and the increase in value of property that was owned before the marriage (unless due to the contribution of both parties).
The rest of the property is considered to be marital property. In the event that you and your partner are unable to come to an agreement about the division of your property, the judge will, without regard to whether or not either of you committed marital misbehavior, consider the following factors: Each party’s contribution to the acquisition of marital property, including contribution as a homemaker, the value of the property set apart to each party, the duration of the marriage, and each party’s economic circumstances at the time the property division becomes effective, including the desirability of awarding the family home, or the right to live there for reasonable periods of time, to the party who has custody of any children in the marriage.
- The phrase “alimony” in Kentucky In Kentucky, alimony is most commonly referred to as maintenance.
- In the absence of an agreement between the parties, the court will only order maintenance in the following circumstances: (1) the party seeking maintenance does not have sufficient property, taking into account the division of property, to provide for his or her reasonable needs; (2) the party seeking maintenance is unable to become self-supporting through appropriate employment; or (3) the party seeking maintenance is the custodian of a child whose circumstances make it inappropriate to be required to seek employment.
After taking into account the following elements, the judge may decide to impose maintenance for a period of time that he or she believes is appropriate: The financial resources of the party seeking maintenance, including the property division, and the ability to meet his or her own needs independently, including whether a sum for that party as a child custodian is included in the child support order, the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the standard of living established during the marriage, the duration of the marriage, the age, a standard of living established during the marriage, the duration of the marriage, a standard of living established during the marriage Child custody proceedings in Kentucky If you and your spouse have any children under the age of 18, the question of who will have custody of those children will need to be resolved.
- Figuring out how each parent will spend their time with the children and how choices will be reached is the most important thing at this stage in the process.
- In the event that you and your spouse are unable to come to an agreement over custody of the kid, the court will make a determination based on what is in the child’s best interests.
In some instances, the court will consider someone who is known as a “de facto custodian” as a prospective custodian of a child in addition to the biological parents of the kid. Someone who is not a child’s biological parent but who has “been shown by clear and convincing evidence” to have been the child’s primary caregiver and financial supporter, and with whom the child has lived, for a period of six months or more if the child is under the age of three, or for one year or more if the child is three years old or older, or with whom the child was placed by the Department for Community Based Services, is considered to be the child’s de facto custodian According to the laws governing child custody in Kentucky, the court is required to act in a manner that is in the child’s best interest, as well as to give each parent and any de facto custodian equal regard.
The judge is required to take into consideration the following elements: The wishes of the parties, as well as any de facto custodian, the wishes of the child, the relationship between the child and parents, siblings, and other significant persons, the child’s adjustment to home, school, and community, the mental and physical health of all individuals involved, any evidence of domestic violence which is shown to affect the child, the extent to which any de facto custodian cared for, nurtured, and supported the child, the intent of the parents in placing the child for adoption, and the The State of Kentucky’s Child Support System A choice needs to be made on the manner in which the children will be provided for financially as well.
The situation generally always resolves itself with one parent making financial contributions to the other. When determining the amount of child support to be paid, consideration is given to both the requirements of the child as well as the respective financial capabilities of both parents.
The Kentucky child support guidelines are consulted in order to get a conclusion about this matter. Miscellaneous Matters If there are minors under the age of 18, the conclusion of the case may not be decided upon until at least sixty days after the petition was served on the opposite party (the respondent).
In order for a Decree of Dissolution of Marriage to be issued, the parties must first have “lived apart” for at least sixty days. This indicates that they have not had sexual contact with one another, regardless of whether or not they continue to live in the same household.
- If one of the parties testifies under oath that the marriage is not irretrievably broken, the judge is required to make a finding as to whether or not the marriage is irretrievably broken.
- If the judge chooses not to make a finding, he or she must either postpone the case for thirty to sixty days and suggest that the parties seek counseling.
If you and your husband are in agreement on the majority of the important problems, filing for divorce through LegalZoom’s Online Divorce service is an easy and affordable option. In any other case, you can chat to a divorce attorney through the personal legal plan offered by LegalZoom to get advice or assistance filing for a divorce.
How long do you have to be married in Kentucky to get alimony?
Different Forms of Alimony in Kentucky As you may have already realized, there are several distinct forms of alimony that may be obtained in the state of Kentucky. One of these is called “temporary maintenance,” and it is support paid to one spouse for a limited amount of time while the other spouse is going through the divorce process.
The spouse who is filing the request for maintenance is required to provide the divorce court with a list of their assets as well as their costs. After that, the court will decide whether or not he or she is eligible. The termination of any payments made under a temporary alimony arrangement occurs as soon as the divorce is completed.
Alimony paid after a divorce is structured differently. Post-dissolution maintenance is another name for this kind of maintenance. A spouse may be entitled for permanent or rehabilitative alimony if the need for alimony persists after the divorce has been completed and the divorce decree has been signed.
Permanent alimony or maintenance is something of a rarity, and it is only granted in the following circumstances: At the very least, the couple had been married for eleven years. The spouse who is receiving financial support either does not earn any money or generates an income that is much lower than that of the spouse who is providing financial support.
Because of a pre-existing medical condition, the receiving spouse is unable to maintain gainful employment. Rehabilitative maintenance is the kind of maintenance that couples who have been married for a very short amount of time might qualify for. This sort of maintenance is the one you are most likely to encounter.
Can my wife get my 401k in a divorce?
Helping Yourself Financially While Going Through a Divorce – Divorce might upset your retirement planning. During the procedure, not only is it possible for you to lose (or acquire) assets, but it may also grow quite expensive for you. After your divorce, it may be beneficial to seek the assistance of a financial counselor in developing a financial strategy that takes into account your needs and aspirations.
- It is not necessary for it to be difficult to locate a competent financial counselor.
- The free tool provided by SmartAsset will pair you with up to three local financial advisers that provide their services, and you will be able to have cost-free interviews with each of your advisor matches before deciding which one is best for you.
Start looking for a financial adviser who can assist you in achieving your objectives as soon as possible if you are ready to do so. If you’re going your separate ways, it’s important to keep your valuables safe. To protect your finances during the divorce process, you should first consider taking the following five actions.
On the plus side, statistics show that many marriages are successful over time. And if it does, make sure you follow these four guidelines for managing your finances as a married couple. IStock.com/Andreas Krone, iStock.com/traveler1116, and iStock.com/Susan Chiang are responsible for these photographs.
Rebecca Lake Rebecca Lake has been writing on topics related to personal finance for the past ten years. She specializes in retirement, investment, and estate planning. Her knowledge in the field of finance extends to other areas as well, including the purchasing of homes, credit cards, banking, and small businesses.
- She has firsthand experience working with numerous big financial and insurance companies, including as Citibank, Discover, and AIG, and her writing has been published on the websites of U.S.
- News and World Report, CreditCards.com, and Investopedia, among other places.
- Rebecca received her undergraduate degree from the University of South Carolina, and then went on to earn her masters degree in Charleston, South Carolina, at Charleston Southern University.
She was born in the middle of Virginia, but she and her two kids have made their home on the coast of North Carolina since moving there.