|Where do I file the divorce documents in Kentucky?|
|Divorces are filed at the Circuit Court Clerk's office in the county of filing. The count... more|
|How much is the filing fee in Kentucky?|
|The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Kentucky varies from county to county, but typically ranges from $120.00-180.00.|
|How do I serve my spouse with the divorce papers in Kentucky?|
|Because the non-filing spouse, also known as the Respondent, will be signing an Entry of Appearance and Waiver, formal service is not required.|
|What are the basic steps to getting a divorce in Kentucky?|
1) The Petitioner signs the Petition for Dissolution of Marriage, and files it with the Clerk of Courts.|
2) Both spouses sign additional documents, which are also filed with the Clerk.
3) The parties' divorce is finalized when they receive a Decree of Dissolution of Marriage signed by the Judge in the mail.
|How long does it usually take to finalize a divorce in Kentucky?|
In Kentucky, if there are no children the divorce can be finalized in as little as 30 days from the date of filing as long as the parties have been separated for at least 60 days total. In other words, when there are no children of the marriage, if you have been separated since at least 30 days before filing, the separation requirement will be met if you have been separated for at least 30 days after filing. Living apart can include living under the same roof as long as the parties do not sleep in the same bed and do not have sexual relations with each other. Kentucky Revised Statute 403.170.|
If there are children involved it will take at least 60 days from the date of filing even if all the parties are in agreement.
|Will either of us be required to attend a court hearing?|
|No. As long as both spouses have reached an agreement on all issues, a hearing is not required to finalize the divorce.|
|What documents are included in the self-prepared Kentucky DivorceWriter package?|
Your self-prepared Kentucky DivorceWriter package will include:|
|What are the Kentucky residency requirements for filing for divorce?|
To file for divorce in Kentucky at least one spouse must have lived in Kentucky for at least 180 days before the divorce is filed. Kentucky Revised Statute 403.140. While an out-of-state spouse is entitled to file for divorce in Kentucky based on the other spouse having lived there for at least 180 days, it is usually easier for the resident spouse to file since he or she probably lives closer to the Clerk's office and courthouse.|
The proper county for filing is the Kentucky county where either spouse lives.
|Does Kentucky allow a wife change her name in the divorce proceedings?|
|If the wife wants to change her last name back to her maiden or other former name, enter the full former name here and the request will be automatically added to your documents at no additional cost. Kentucky Revised Statute 403.230.|
|What are the grounds for filing for divorce in Kentucky?|
|The grounds for divorce in Kentucky is that the marriage is irretrievably broken. Kentucky Revised Statute 403.140(c).|
|Do we have to live at different residences to get a divorce in Kentucky?|
|In Kentucky, a judge cannot finalize the divorce until the parties have lived apart for 60 days. Living apart can include living under the same roof as long as the parties do not sleep in the same bed and do not have sexual relations with each other. Kentucky Revised Statute 403.170.|
|The Clerk said my documents were rejected because of noncompliance with CR 7.03. What does that mean?|
CR 7.03 is designed to protect the privacy of people filing documents with the Court. It requires that the Social Security numbers and birth dates of spouses and any children as well as any account numbers and any taxpayer ID numbers only be listed on one copy of any document filed with the Court that contains them, namely the Petition for Dissolution of Marriage, Preliminary Verified Disclosure Statement, and the Case Data Information Sheet. On the other two copies of each of those documents, this information should either be blacked out so that it absolutely cannot be read or filled in with x's in place of the numbers.|
The DivorceWriter Kentucky Filing Procedures specifically explain that Social Security numbers, birth dates and account numbers must only appear on one copy of the Petition for Dissolution of Marriage, Preliminary Verified Disclosure Statement, and the Case Data Information Sheet, and cannot be listed on the other two copies that you file. If you have received a notice from the Clerk or Court indicating that you have failed to comply with CR 7.03, generally it means that you included this information on all three copies of the Petition for Dissolution of Marriage, Preliminary Verified Disclosure Statement, and the Case Data Information Sheet that you filed and that you should file additional copies of these three documents that have the confidential information either completedly blackened out so that it absolutely cannot be read or filled in with x's.
If you need additional copies of your documents, log in to your account at www.divorcewriter.com/Home_Login.asp. Then, on the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents" to e-mail your documents to yourself. Once you receive the e-mail containing your documents, download in Microsoft Word, customize as needed and print.
|Why did the Clerk tell me to file a Notice-Motion for motion hour?|
If the Clerk has requested that you file a Notice-Motion or a Motion for motion hour, it generally means that the Court Clerk and/or judge is under the impression that the spouses have not signed a Marital Settlement Agreement and in order to complete the divorce process, is requiring the Petitionr to file the required documents to have a final hearing scheduled. In Kentucky, the document filed when spouses do not sign and file a Marital Settlement Agreement is called a Notice-Motion. Additionally, along with the Notice-Motion, the Petitioner also files an Order for the judge to sign later setting the date for the final divorce hearing. Note that the purpose for filing a Notice-Motion is only have your motion for a final hearing date put on the docket for a motion hour. Do not confuse the motion hour with the actual final divorce hearing. |
If the parties have both signed a Marital Settlement Agreement and that document has been filed with the Court Clerk, the Petitioner may want to inquire with the Clerk as to why the divorce needs to be set for hearing when the parties have already filed a written Marital Settlement Agreement. If the Court Clerk still requires a Notice-Motion-Order to Schedule Hearing, Petitioner should fill in the case number on each page of the document, mark whether Defendant was served with the Petition for Dissolution and also whether Defendant’s signed Entry of Appearance and Waiver was filed with the Court Clerk in the [ ] provided, and file three copies with the Court Clerk. While at the Clerk’s office, the Petitioner should obtain the date and time for the Petitioner’s Motion. Petitioner fills in this information in the Notice paragraph and signs all copies on the line provided. Then, immediately after leaving the Court Clerk’s office, Petitioner mails a copy of the Notice-Motion to Respondent by regular U.S. Mail, and completes and signs the Certificate of Service located at the bottom of the Notice-Motion. Then, Petitioner files two copies of the Notice-Motion with the completed Certificate of Service with the Court Clerk.
Depending on the county, Petitioner may not actually need to be present at the motion hour. Petitioner should ask the Court Clerk whether his or her presence at the motion hour is required. If so, Petitioner must attend and appear before the judge to obtain a date for the final hearing. The final hearing date will be filled in on the Order attached to the Notice-Motion and the Court Clerk will mail the final hearing date to both spouses although only Petitioner is required to attend the final hearing. Petitioner must be present in court on the date and time listed on the Order for the final divorce hearing in order to finalize the divorce.
|What is Kentucky Family Court Rules of Procedure and Practice 3 (FCRPP 3)?|
The document most commonly required to meet the requirements of FCRPP 3(1) as listed below is an Agreed Order, which is also sometimes called a Motion for Decree or Motion to Submit depending on the county.|
FCRPP 3. Obtaining a Decree of Dissolution.
(1) Matters Not Requiring a Hearing.
(a) If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage.
(i) The motion shall contain the following information and attachments:
(A) The date of marriage and separation;
(B) The date the petition for dissolution was filed;
(C) The date the respondent was served or filed an entry of appearance;
(D) The dates the verified disclosures were filed;
(E) If the parties have minor children of the marriage, and if ordered by the court, copies of certificates of completion of divorce education/parenting class by each party;
(F) A copy of the separation agreement, if any;
(G) A written deposition executed under oath by either party setting forth testimony required at a hearing;
(H) A written waiver of the right to a hearing executed by both parties;
(I) An affidavit stating that the parties have lived apart for sixty (60) days, and
that no material change in circumstances has occurred since the taking of the proof;
(J) A request for name restoration, if any, in writing;
(ii) Original copies of (A) through (J) above shall be filed with the clerk in the county of origin, and a courtesy copy shall be submitted to the judge at his or her primary office if it is not located in the court facility where the case file is located; and,
(iii) A decree shall not be final until the original is signed by the court and entered by the clerk.
(b) If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, may be submitted directly to the court.
|What is a Motion to Submit/Agreed (Joint) Order to Submit?|
The Clerks in some counties may request a Motion to Submit, also commonly referred to as a Motion for Decree or Agreed Order or Joint Order to Submit. Some counties will only request this form in the event that the final documents are filed after the 30-day time limit. Other counties may simply require this form as part of the standard divorce procedure. Each Kentucky DivorceWriter document package includes an Agreed Order for Submission. The Agreed Order for Submission requires the signature of both spouses and is filed instead of a Motion to Submit. |
If you have any additional questions concerning either the Motion to Submit or the Agreed Order for Submission, you should contact an attorney licensed to practice in Kentucky.
|CUSTODY, VISITATION, SUPPORT|
|What if my spouse and I have agreed to a child support amount that is different from the standard amount?|
In Kentucky, a judge may allow the parties to choose a child support amount that is different from the guidelines if using the guidelines would be unjust or inappropriate. These reasons may include, but are not limited to:|
|Will we be able to customize our documents to fit our specific custody and visitation arrangement?|
DivorceWriter accommodates parents who want to designate one parent as the legal custodian or for parents who want to share joint legal custody. Parents can also choose to share joint physical custody of the child(ren) or designate one parent as the custodial parent, either with or without vistation for the non-custodial parent.|
Choose to customize as little or as much as you need.
|How is child support calculated in Kentucky?|
|Based on the information provided by the customer when completing the Kentucky online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Kentucky Revised Statute 403.212 for additional information on child support calculation in Kentucky.|
|When can a child support order be modified in Kentucky?|
|A child support order can be modified in Kentucky upon a showing of a material change in circumstances that is substantial and continuing. For additional information on child support modification, see Kentucky Revised Statute 403.213.|
|PROPERTY AND DEBTS|
|What options do we have for our real estate?|
|The DivorceWriter online interview provides an array of options for disposing of your real... more|
|What if one spouse is living in a foreign country?|
|If your spouse is able to receive documents in the mail and is willing to sign and return ... more|
|What if one spouse is in the military?|
|If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more|
|Where can I find the full-text version of the Kentucky divorce statutes online?|
|The laws concerning divorce in Kentucky are found in Ch. 403 of the Kentucky Revised Statutes. To view the Code of Iowa, click here.|