The Divorce Process in Kentucky
Post on 29-Jan-2015
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THE DIVORCE PROCESSin Kentucky
DIVORCE TERMINOLOGY
PETITIONER –
spouse who files for the divorce
RESPONDENT –
non-filing spouse
PETITION FOR DISSOLUTION OF MARRIAGE –
name of the document that must be filed with the appropriate court to begin
the divorce process in Kentucky
DECREE OF DISSOLUTION OF MARRIAGE –
name of the document entered when the divorce process is complete and
you are granted a divorce
SUMMONS –
document sent to the Respondent, along with a copy of the Petition for
Dissolution of Marriage, informing the Respondent that the divorce process
has begun
CHILD SUPPORT WORKSHEET –
document that must be filled out and used to compute child support if minor
children are involved
MARITAL SETTLEMENT AGREEMENT –
document filed with the court when the parties are able to reach an agreement
with regard to issues in the divorce
FILING AND ANSWERING THE
PETITION
Petitioner must have resided in Kentucky (or been stationed in the military) for 180 days prior to filing
the petition
Filed in the Circuit Court where one party lives (unless agreed
otherwise)
Kentucky is a “no-fault” state
Respondent has a limited amount of time to file a formal written
“Response” with the court
If no Response is filed Petitioner can ask for a default judgment
COMMON ISSUES IN A DIVORCE
Assets and debts 1
Kentucky is an “equitable distribution” state
Assets and debts 1
What that means is that if a court is required to decide how assets of the
marriage are divided the court will decide based on what is “equitable”, or fair
Assets and debts 1
“Fair” does not always mean equal
Minor Children 2
The court will consider the “best interests of the child” when custody
and/or visitation are issues in a divorce
The court will typically order the non-custodial parent to pay
child support to the parent with custody of the children
Child/Alimony/Spousal Support 3
Kentucky does allow spousal support to be ordered in situations where it is agreed to by the parties or when the
court finds it is warranted
CONCLUDING THE DIVORCE
A divorce can be concluded by an agreement reached by the
parties or through a trial
If the parties resolve the issues outside of court a Marital
Settlement Agreement can be filed with the court
MEDIATION may be used to help the parties reach an amicable settlement agreement
At the end of the divorce the court will enter a Decree
of Dissolution of Marriage
Learn More About Divorce Process in Kentucky
Click to visit:
www.mmslawonline.com
Content provided by: Best Legal Practices
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