Kentucky Divorce Steps

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Kentucky Divorce Steps regarding filing of the Petition

• The Petitioner must file the Petition and pay a filing fee in the courthouse
• If the Petitioner does not have money to disburse the filing fee, then, this Petitioner must file the "Motion-Order to Proceed without paying Court Costs"
• The Judge reviews the information in the above mentioned document and concludes whether the Petitioner qualifies for the waiver
• Along with the Petition, the following documents are essential
  • Entry of Appearance Waiver
  • Marital Settlement Agreement
  • Summons
  • Case Data Information Sheet
• The Petitioner must procure VS-300 form (Certificate of Divorce) from the court clerk's office, type information on it, sign it in black ink and file it along with the Petition
• If the divorcing partners have children less than 18 years of age, the court orders such a couple to attend the Families In Transition Program. The divorcing couple must complete this program within 60 days of the initial filing date
• In exceptional circumstances, the court might agree to waive completion of the above mentioned program. For this waiver, the Petitioner must file a Motion to Waive Families in Transitions Program

Kentucky Divorce Steps pertaining to Service of divorce documents

The various modes of executing service are as follows.

• The Petitioner hands over a copy of the petition to the Respondent. This Respondent signs the Entry of Appearance Waiver and Marital Settlement Agreement. The Petitioner files these 2 documents in the court
• The Petitioner asks the court clerk the location of the mail room at the courthouse. From this room, the Petitioner sends the Summons to the Respondent by certified mail, restricted delivery. The Petitioner must disburse the charge for this service. The date on which the Respondent signs the certified mail is regarded as the service date
• The Sheriff serves the Summons to the Respondent. The date on which the Sheriff serves the document is considered as the service date. The Sheriff levies a charge from the Petitioner for this service
• The Petitioner serves the Respondent by the appointment of Warning Order Attorney

Divorce Steps regarding filling the Mandatory Case Disclosure

• The Petitioner must fill the form titled "Mandatory Case Disclosure" in full. This form demands the following information
  • Data regarding any minor children
  • A list of all the assets and debts
• Although, this form can be filed when the Petitioner files the Petition, the maximum limit of filing this form is within 30 days of filing the Petition
• If the Respondent accedes with the information furnished in the above mentioned form, this Respondent must fill and file a form titled "Respondent's Mandatory Case Disclosure Acknowledgment"

Consider that the Respondent has been served and has filed a waiver or an appearance or a response. The divorcing partners have failed to reach an agreement. In such circumstances, the Petitioner must file a form known as "Notice Motion Order to Schedule Hearing."

Steps during finalization of the divorce

In order to finalize the divorce, the following conditions must be met with.

• Since the initial filing of the Petition, sixty days must have elapsed
• The Families in Transition Program must be completed

Now the Petitioner must file the following completed forms in the court and mail a copy of each to the Respondent.

• Deposition of Petitioner
• Findings of Fact and Decree of Dissolution of Marriage

However, if the divorcing couple has children less than 18 years of age, the above mentioned 2 documents can be filed only when sixty days have passed after the date on which the service took place.

Eventually, the Decree of Dissolution is signed by the judge and entered by the court. This is then mailed to the divorcing partners.

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