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Kentucky Divorce Laws
Kentucky Residency Requirements
Court may enter decree of dissolution or separation. (1) The Circuit Court shall enter a decree of dissolution of marriage if: (a) The court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (Kentucky Statutes - Title 35 - Chapters: 403.140 and 452.470)
Kentucky Divorce Grounds:
Irretrievable breakdown. (1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. No decree shall be entered until the parties have lived apart for 60 days. Living apart shall include living under the same roof without sexual cohabitation. The court may order a conciliation conference as a part of the hearing. (Kentucky Statutes - Title 35 - Chapters: 403.140)
Kentucky Property and Debt Division
In a proceeding for dissolution of the marriage or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall assign each spouse's property to him. It also shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including: (1) Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker; (2) Value of the property set apart to each spouse; (3) Duration of the marriage; and (4) Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children. (Kentucky Statutes - Title 35 - Chapters: 403.190)
Kentucky Spousal Support, Maintenance, or Alimony:
The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including: (1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) The standard of living established during the marriage; (4) The duration of the marriage; (5) The age, and the physical and emotional condition of the spouse seeking maintenance; and (6) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. (Kentucky Statutes - Title 35 - Chapters: 403.200)
Kentucky Custody and Visitation:
The court shall determine custody in accordance with the best interests of the child and equal consideration shall be given to each parent and to any de facto custodian. The court shall consider all relevant factors including: (1) The wishes of the child's parent or parents, and any de facto custodian, as to his custody; (2) The wishes of the child as to his custodian; (3) The interaction and interrelationship of the child with his parent or parents, his siblings, and any other person who may significantly affect the child's best interests; (4) The child's adjustment to his home, school, and community; (5) The mental and physical health of all individuals involved; (6) Information, records, and evidence of domestic violence; (7) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian; (h) The intent of the parent or parents in placing the child with a de facto custodian; and (8) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence and whether the child was placed with a ,de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school. (Kentucky Statutes - Title 35 - Chapters: 403.270)
Kentucky Child Support:
A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption and allow for an appropriate adjustment of the guideline award if based upon one the following criteria: (1) A child's extraordinary medical or dental needs; (2) A child's extraordinary educational, job training, or special needs; (3) Either parent's own extraordinary needs, such as medical expenses; (4) The independent financial resources, if any, of the child or children; (5) Combined monthly adjusted parental gross income in excess of the Kentucky child support guidelines; (6) The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have agreed to child support different from the guideline amount. However, no such agreement shall be the basis of any deviation if public assistance is being paid on behalf of a child (7) Any similar factor of an extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate. (Kentucky Statutes - Title 35 - Chapters: 403.210 and 403.212)
Kentucky Common Questions
How Do I Know if I Should File in Kentucky?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Kentucky Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Kentucky?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Kentucky?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Kentucky?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Kentucky Divorce Forms
Kentucky Forms: Our question and answer technology will allow you to easily complete your Kentucky divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Kentucky Divorce Forms List
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All Your Completed Kentucky Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
Easy to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
A total of 238 people have started their divorce through 3StepDivorceTM in the last 24 hours and 3120 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Kentucky. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you can complete and print your Kentucky divorce forms (including a marital settlement agreement) instantly. Follow our step-by-step filing procedures to file your uncontested divorce in Kentucky in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement or learn more about the basics of divorce in Kentucky.
3StepDivorceTM is a premium online divorce solution provided by 3 Step Solutions, LLC, a sister company of Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
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