Uncontested Divorce Kentucky
How to Get an Uncontested Divorce Kentucky
Step 1: Make Sure You Qualify for an Uncontested Divorce Kentucky
The first question you need to make sure of is that you qualify for Kentucky divorce. That means that you have been a resident of the state for at least 180 days before filing for divorce. Kentucky has No-Fault divorce laws, which means that you don’t have to put down any cause for divorce such as abuse or adultery. However, you do have to prove evident dissolution by having lived apart for at least sixty days.
You should also understand exactly what uncontested divorce Kentucky is. Some might define it as a divorce in which both spouses agree to divorce, but in fact it is more stringent than that. Both spouses have to agree to all significant terms of divorce. That means that they agree to the same division of property and, if there are children, to child custody, child visitation rights, and child support amounts. Arguing about these topics is the most difficult procedural matter in most divorces, so clearly an uncontested divorce Kentucky can make the process more efficient.
Step 2: File the Initial Petitions
One spouse will have to go down to your district’s Family Court and file a significant amount of paperwork. There are variations on most of these forms depending on whether or not you any children have resulted or will result from your marriage, so be sure to pick out the applicable volume:
• A Petition for the Dissolution of Marriage which identifies the parties involved;
• A Certificate of Divorce Form VS-300 which is used for the country’s statistical records;
• A Case Information Sheet, where personal information about both parties is required;
• A Mandatory Case Disclosure, which each party must file separately. It records financial information such as property and debt incurred for later decision making;
• An Entry of Appearance Waiver, where the spouse not doing the main filing (usually called the respondent) agrees to the Petition for the Dissolution of Marriage and agrees not to contest all claims asked for;
• A Marital Settlement Agreement, which is necessary if an Entry of Appearance Waiver is given and this is to be an uncontested divorce Kentucky. It lays out all the agreed to claims such as the division of property and child custody.
Step 3: Finalize the Uncontested Divorce Kentucky
After all the above is completed, it falls upon the Petitioner to file a Notice-Motion-Order to Schedule Hearing and finish the uncontested divorce Kentucky. At the time of the hearing, the Petitioner should file the following additional forms
• The Deposition of the Petitioner establishing the ground of divorce and asserting that an agreement has been reached between the two parties;
• The Findings of Fact, which state that the couple qualifies for an uncontested divorce Kentucky under those requirements listed in Step 1.
• A Decree of Dissolution, which is the most important form of all. Once the judge signs it, the uncontested divorce Kentucky becomes finalized.
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