Kentucky Do it Yourself Divorce Instructions
In these hard economic times, many individuals are electing to save money by filing for divorce by themselves and without the assistance of an attorney. In legal terms, this practice is referred to as "pro se" which loosely translates from Latin to mean "for oneself" or "by oneself." Since Kentucky is a "no fault" state, the divorce process is less tricky and most individuals can get through it without legal counsel. This, however, is never recommended and this article is not a substitute for legal advice.
Other People Are Reading
Instructions
-
-
1
Determine whether you or your spouse have met the residency requirements. To be eligible to file for divorce in Kentucky, one of the parties must have lived in Kentucky for at least 180 days prior to filing for divorce, unless one of the parties is in the military. For military personnel, the individual does not have to be physically located in Kentucky, but his regular assignment or duty station must be Kentucky, though he is currently deployed elsewhere.
-
2
Find a Petition for Dissolution of Marriage form by visiting the courthouse, online resources or an office supply store. Many Kentucky courthouse websites provide these forms online.
-
-
3
Fill out the petition completely and sign and date it at the bottom. When filling out the form, select "irretrievable breakdown" as the grounds for filing divorce. On the form you will also need to provide your full name, your spouse's full name, your birth dates, the date of your marriage, the date of your separation, the names and ages of any children born of the marriage and the address for each party.
-
4
Prepare the summons. Copies of the summons forms are available at the courthouse or on the courthouse's website. A summons is a legal notification letting the other party know you have filed for divorce and what they need to do as part of the divorce process.
-
5
Make at least three copies of the completed petition and summons. You will need one copy for the court, one copy for your personal records and another copy to serve on your spouse.
-
6
Go to the courthouse and file the original petition and summons with the court. Be prepared to pay filing fees. Call the courthouse before going to determine how the fees may be paid. Some require cash or money orders, others may take personal checks.
-
7
Hire a process server to serve your spouse with a copy of the petition and summons. You can also serve the documents on your spouse through certified mail, but you will need to file a copy of the return receipt for certified mail with the court. This is referred to as "proof of service." If you hire a process server, he will file the proof of service for you.
-
8
Attend any counseling or mediation requirements by the court. If one of the parties denies the marriage is irretrievably broken, the court may require counseling or mediation services before making a determination as to whether the marriage truly is irretrievably broken.
-
9
Attend all pre-trial hearings. If you and your spouse have reached an agreement on all issues pertaining to the divorce such as child custody and property division, file a marital settlement agreement with the court that details these agreements and divisions. If you and your spouse are unable to come to an agreement, you may be ordered to undergo more mediation. If you still cannot come to an agreement, there will be a trial, where a judge will make decisions regarding all outstanding issues such as child support, child custody and alimony, if any.
-
1
Tips & Warnings
Find a friend who has been through the process to mentor you through yours. It's not a difficult process but if you have a friend who can show you the ropes it will go more smoothly.
Always consult with an attorney for complicated legal matters.
References
Resources
- Photo Credit ring image by Jens Klingebiel from Fotolia.com
