Uncontested Divorce in Kentucky

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Divorces are quite common in Kentucky. Studies reveal that the state divorce rate is almost 33% higher than the national divorce rate. In Kentucky the rate now averages 13 per 1000 of the population. Amongst these, many cases are uncontested. Through this process, couples try to finish their divorce without wasting much time, and they readily agree on the ongoing issues. If both of the spouses agree completely on how to dissolve the marriage, an uncontested process is the best option. However, an uncontested divorce in Kentucky will be successful if you follow the divorce procedures in the right way.

To follow any legal process like divorce, it is necessary to have a guide. You can research on the Internet, consult an attorney or read the following information that will help you grasp a complete understanding of the uncontested process in Kentucky.

Residency Requirements and Venue for filing an Uncontested Case

The filing spouse, that is, the Petitioner must reside in Kentucky for a period of six months prior to filing the action.

In Kentucky, the divorcing spouses can file for an uncontested case in the Circuit Court.

Grounds

Spouses can file for a divorce only if their marriage is irretrievably broken, and there are no chances of reconciliation in the future. In addition to this, they need to live apart for two months.

Forms related to Uncontested Divorce in Kentucky without minor children

The Petitioner is required to fill in the following forms:

• A Petition: This document performs the following functions:
  • Identification of the divorcing parties and their residences
  • Establishment of the separation date of the divorcing parties
  • Establishment of the fact that there are no children aged less than 18
  • Request for the desired relief
• A Summons: This document is used to hint the Respondent that he or she must file an Answer to the Petition within 20 days of its receipt. If the Respondent fails to do so, they have to face a default judgment against themselves. The Respondent can also opt for an Entry of Appearance Waiver.
• A Case Information Sheet: This form is used for the identification of all the parties in the action.
• A Certificate of Divorce (VS-300 form): This document is used to record the dissolution for the vital statistics of the Commonwealth. It can be procured from the Circuit Clerk.
• The Mandatory Case Disclosure: An overview of the debts and assets of the divorcing spouses is given to the court by means of this document. The Respondent accedes to this disclosure in an Acknowledgement.
• An Entry of Appearance Waiver: If the Respondent signs this document, the Summons is not served to the Respondent. By putting down the signature, the Respondent accedes to the dissolution and does not contest the action. In such circumstances, this Waiver along with the Marital Settlement Agreement is filed simultaneously.

In some cases, the Respondent does not sign the above mentioned Waiver. So, the Respondent is served with the Petition and the Summons, in one of the following ways:

• Certified mail: This is a sort of restricted delivery that is initiated from the mail room at the courthouse.
• The Sheriff arranges to deliver the divorce documents.
• A Warning Order Attorney: This method is employed when one of the following two conditions arises:
  • The Petitioner does not know how to procure the address of the Respondent.
  • In order to avoid the service of the process, the Respondent has left Kentucky.

If all the above-mentioned forms are filed and the divorcing couple is in agreement with each other, then a hearing can be scheduled by the Petitioner after filing a Notice-Motion-Order. For finalizing the action, the following documents must also be filed by the Petitioner:

• The Findings of Fact: This document is used to establish the following:
  • A Marital Settlement Agreement, that is "not unconscionable", has been filed.
  • The wife is not pregnant and the divorcing couple does not have children.
  • The marriage has been irretrievably broken.
  • The divorcing couple has resided apart for 60 days.
  • The parties are lawfully married.
  • The residency requirements are fulfilled.
• The Deposition of the Petitioner: This document establishes the following facts:
  • Grounds for the action
  • None of the separating partners is serving in military
  • A Marital Agreement has been reached or the Respondent is at default
• A Decree of Dissolution: When the Judge signs this document, the marriage is terminated.

Forms related to Uncontested Divorce in Kentucky with minor children

The highly sensitive issue of divorce becomes even more sensitive in the presence of children. The divorcing partners desire to get rid of each other, but care for the best interests of their children. Obviously, it is the foremost duty of the divorcing parents as well as the Judge to ensure that the children are not at a loss due to the separation. However, when minor children are involved in a case, the couples need to submit certain forms.

All the forms filled by divorcing couples without minor children are applicable for divorcing couples with children. However, the following forms for couples with children are different than those for couples without children and contain additional information. This includes:

• Petition
• Marital Settlement Agreement
• Mandatory Case Disclosure
• Finding of Fact
• Decree of Dissolution

It may be noted that once you obtain an uncontested divorce in Kentucky only then you can think of remarrying or starting a new relationship. If your spouse knows about your new relationship, there are chances that they might change his desire for an uncontested process, and opt for a contested one. Then your spouse may cite infidelity as the grounds for a contested case.

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