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Kentucky
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Kentucky Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Kentucky Residency Requirement
According to the Kentucky Divorce Laws and Kentucky Divorce Guidelines,
to get divorced in Kentucky, the spouse filing the case must have
been a resident of the state for at least 180 days before filing
for divorce
Time To Divorce
The divorce will not be granted until the spouses
have lived apart for 60 days
Place of Divorce (Venue)
The case may be filed in:
County where either spouse resides
Simplified or Special Divorce
Procedures
Marital settlement agreements and separation agreements are specifically
authorized
Kentucky Grounds for Divorce
Grounds for divorce:
Irretrievable breakdown of the marriage
NOTE: Regardless
of the reason of the breakdown of the marriage or the reason for
filing for divorce in Kentucky, the
Divorce Do It Yourself Service will do divorces on an "Agreed"
basis or a “Default” basis.
- An Agreed Divorce
, defined by Kentucky divorce guidelines and Kentucky divorce
laws, is a scenario where the spouses agree on the terms of
the divorce such as Kentucky property distribution, Kentucky
child support, or Kentucky child custody. Most of our clients
(75%) prefer the Agreed Divorce method and both spouses sign
the divorce papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Kentucky
divorce guidelines and Kentucky divorce
laws, is a divorce where the other spouse doesn’t sign the Kentucky
Divorce forms or Kentucky divorce papers, he/she doesn’t do
anything at all with the divorce. They simply default on the
case and the spouse who files for divorce gets whatever was
asked for in the original paperwork.
Process to file for Divorce
in Kentucky
There are only three basic procedural steps to a divorce:
- File Kentucky Divorce Papers (Kentucky
Divorce Forms)
- Notify Spouse of your filing for divorce
in Kentucky
- Attend your Kentucky divorce hearing
Kentucky Child Custody
Simple Definitions: (source: Kentucky divorce guidelines and Kentucky
divorce laws)
- Visitation is
the plan the spouses have on where the children will
live and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which
parent they live with.
Kentucky Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Kentucky
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Kentucky Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Kentucky Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Kentucky divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either
spouse for their support and maintenance after the divorce.
Both parties must agree to it. Since most spouses are working,
alimony (if awarded at all), is usually for a shorter period
of time, and smaller amount than in the past. Alimony may be
paid in a lump sum payment of money or a payment plan. Alimony
is not required for a person to get divorced in Kentucky.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Kentucky.
It may involve the extra expense of running a newspaper ad or
something similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Kentucky often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Kentucky, fees must usually
be paid when you file the Kentucky divorce forms and Kentucky divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Kentucky divorce kit, using a divorce
attorney (or divorce lawyer), or doing a nearly free divorce in
Kentucky, you will almost always be the one to cover the court fees
which is standard procedure.

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