In Kentucky, however, you must be legally separated for a minimum of one year before either spouse can ask for a formal divorce. (K.R.S. § 403.230.) It’s important to understand that you can only file for a legal separation if both spouses agree to the legal process.
How much does it cost to get a divorce in Kentucky?
Divorce Filing Fees in Kentucky Filing fees in Kentucky vary from county to county. Expect to pay around $115 to $250. For example, as of 2022 the filing fees for divorce in Kenton County total $198, and the filing fees for divorce in Fayette County total $211.50.
How long does it take to get a divorce in Kentucky?
The court can issue temporary orders as soon as the divorce is filed, but the actual divorce and final orders can’t be done until 60 days after date the divorce was filed. It could take longer than 60 days, depending on the issues of your case and the court’s schedule.
How do I start a divorce in Kentucky?
In order to file for divorce in Kentucky, the person filing (the petitioner) must be a resident of Kentucky for at least 180 days. You may file in Circuit Court in the county where either you or your spouse resides. The most simple procedure is an uncontested divorce.
Is Kentucky a 50 50 state when it comes to divorce?
Is Kentucky a 50-50 state when it comes to divorce? Yes, Kentucky uses what are known as equitable distribution laws, to distribute assets in the case of divorce.
Who pays for divorce in KY?
Will my spouse have to pay my attorney’s fees? When couples in Kentucky are going through a divorce the parties typically have to pay their own attorney’s fees. However, if there is a large disparity in income, one of the parties may be responsible for the other party’s fees.
How long can you be legally separated in Kentucky?
A couple in Kentucky can be legally separated for up to 12 months. After that, if one spouse petitions for a divorce, the separation decree will be changed into a decree for divorce. Of course, a couple can decide to end their legal separation, and either divorce or get back together before the 12 months is up.
Do you have to go to court for a divorce in KY?
That depends. If you are successful in doing an uncontested divorce action and have hired an attorney, then you do not have to attend court to finalize your divorce action in Kentucky. If you are doing a contested divorce, then you are likely to have to attend some hearings before the family court judge.
How do I get a free divorce in Kentucky?
The Kentucky court accepts payment in the form of cash, money order, or certified check. If you are unable to pay the filing fee, you can ask the court to waive the cost. If the judge decides that you qualify for assistance, then you do not have to pay for your divorce.
What is the first step to take divorce?
STEP 1: First Motion involves joint filing of divorce petition. STEP 2: Husband & wife appear before court to record statements after filing of petition. STEP 3: Court examines petition, documents, tries reconciliation, records statements. STEP 4: Court passes order on First Motion.
Can I get a free divorce?
With your court fees covered, DIY is the only method of obtaining a free divorce, but it’s only viable if you and your spouse agree to the divorce and why you’re getting one.
What is the cheapest way to get a divorce in Kentucky?
The uncontested divorce in Kentucky is perhaps the easiest to complete from a process point of view. While there are several legal options for bringing your marriage to an end in Kentucky, an uncontested divorce is often the fast and most cost-effective solution.
Is alimony mandatory in Kentucky?
Most likely no. The court is to consider the economic needs of both parties. Each party is allowed to satisfy his or her own reasonable needs post-divorce. If the would-be paying spouse’s financial condition is such that this is not possible, maintenance may be appropriate but nevertheless impossible to award.
How many years do you have to be married to get alimony in Kentucky?
Permanent alimony/maintenance is quite rare, and it is only awarded if: The spouses were married for a least ten years. The receiving spouse earns no money or an income that is significantly less than the payor spouse’s income. The receiving spouse has a medical condition that prevents him or her from working.
Who qualifies for alimony in Kentucky?
§ 403.200 (2021).) Under Kentucky’s divorce laws, a court will typically award alimony when one spouse gave up a career to support the other spouse’s professional school education. Also, a disabled spouse who is unable to become self-supporting following a divorce might be entitled to alimony.
Can you get a divorce without a lawyer in Kentucky?
You begin your divorce case in Kentucky by filing a Petition for Dissolution of Marriage with the Court. If you have no minor children, you can use Kentucky’s interactive forms and file online. If you live in Jefferson County, you can download a Petition for Dissolution of Marriage online.
What are grounds for divorce in Kentucky?
The only ground in Kentucky is that the marriage is irretrievably broken, which means that there is no reasonable prospect of you and your spouse reconciling (getting back together). The judge can grant you a divorce if: both spouses state that the marriage is irretrievably broken; or.
Can you stay married but be separated?
Separation means that you are living apart from your spouse but are still legally married until you get a judgment of divorce. Although a separation doesn’t end your marriage, it does affect the financial responsibilities between you and your spouse before the divorce is final.
Can you be separated and live in the same house in Kentucky?
Kentucky Divorce Law and Living Apart In the state of Kentucky, couples seeking to file for decree of divorce must live apart for 60 days. This may include time they live under the same roof without having sexual relations. During this temporary separation, they may also choose to file a petition for legal separation.
Does infidelity affect divorce in Kentucky?
The short answer to this question is that Kentucky is a no-fault state when it comes to divorce, so there are no “divorce consequences” to the act of adultery.
Does it matter who files for divorce first in Ky?
There is usually no advantage as to which spouse filed the divorce first.
How long do you have to be separated to file for divorce in KY?
Before you can file for divorce in Kentucky, you or your spouse must have lived in the state for at least 180 days. Also, you must have “lived apart” for 60 days before the judge will sign the final divorce decree.
Can you evict your spouse in KY?
Contrary to popular belief, eviction in the context of a divorce isn’t like landlord/tenant eviction. Even if your name is the only one on the mortgage or lease, you cannot evict your spouse or make them leave the marital home simply because you want to or because the home “belongs” to you.
How long does it take to get a divorce if both parties agree?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.