Divorce proceedings are often depicted as contentious and drawn out, yet, many couples can split amicably and avoid draining their finances. If you and your spouse can cooperate and reach an agreement over the divorce terms, you may be able to file for what is known as an “uncontested divorce.”
What Is an Uncontested Divorce?
A marriage may be dissolved in the least expensive, least time-consuming, and most cost-effective manner possible by filing for an uncontested divorce. For a divorce to be considered uncontested, the parties must reach a consensus on every topic. For a divorce to be considered “uncontested,” both parties must agree on the decision to end the marriage and the reasons for doing so.
Important Matters That Require a Consensus among Parties in Conflict:
1. Concerns about the children, such as those of custody, visitation, and financial support
2. A consensus on the most important financial issues, including tax deductions and
exemptions, as well as alimony, if necessary.
3. The distribution of marital property
4. Other marital disputes
Divorce proceedings take much longer and cost much more when a couple can’t settle their
differences amicably and must go to trial to settle their legal disputes.
Is it Necessary to Hire Attorney for an Uncontested Divorce?
It is not necessary to engage attorneys to acquire a divorce. However, if you opt to represent yourself in
court, the judge will presume that you have a comprehensive grasp of the legal system and the documents
you sign and submit. You should at least have a lawyer analyze your settlement agreement, especially if
your case contains complex problems or financial assets.
What Are the Requirements to Get a Divorce in Kentucky?
Several prerequisites must be satisfied before a divorce petition may be filed in a Kentucky
family law court. The initial criteria involve at least one spouse spending 180 days in Kentucky.
If the wife is pregnant, the process cannot be finalized until after the baby is born.
What is the Timeframe in Kentucky for an Uncontested Divorce?
If you and your spouse have children who are not yet adults., you must wait 60 days after serving
your spouse with the divorce papers before scheduling a court hearing to dissolve the marriage
legally.
If you do not have children and did not separate from your spouse prior to filing for
divorce, a court may require a 60-day separation before completing the divorce decree.
Divorce proceedings can take longer than 60 days in practice, depending on court workload and
whether or not all necessary paperwork was submitted on time.
How to File for an Uncontested Divorce in Kentucky?
Kentucky is not one of the states that provide a more straightforward process for an uncontested
divorce. A divorce may be finalized swiftly and simply for couples that negotiate a settlement
agreement before or shortly after filing for divorce.
Filing Divorce
Divorce petitions must be filed in the county where either spouse resides.
Forms:
You’ll need to complete the appropriate paperwork to file for divorce in Kentucky. Following is
a comprehensive rundown of all the necessary paperwork:
1. AOC-105, Civil Summons
2. VS-300 Certificate of Divorce or Annulment
3. AOC-FC-3 Case Data Information Sheet
4. REDACTED AOC-FC-3 Case Data Information Sheet
5. Petition for Dissolution of Marriage
6. REDACTED Form #1A
7. AOC-238/239, Preliminary / Final Verified Disclosure Statement
Other Forms:
1. Motion to waive all court fees
2. AOC-110, affidavit for a Warning Order of Attorney
Filling Fee
A $113.00 court filing fee is required to petition for divorce. Check with your local clerk to be
sure there are no further costs.
Notifying Your Spouse
Deliver the verified divorce petition and civil summons to the individual in question. The civil
summons gives your spouse 14 days to answer. If they don’t respond, you can request a default
judgment.
Temporary Orders
Ask for temporary orders if necessary. During the pendency of your divorce, you may get
temporary orders. The temporary orders most often granted are child custody, visitation, and
maintenance.
Finalizing Your Divorce in Kentucky
Waiting period:
All divorces in the state of Kentucky must adhere to this waiting time. Divorce is final when 60
days have passed.
Divorce course:
If you have kids, “Families in Transition” may be compulsory for divorce education. Ask your
county clerk whether your court demands this. The cost of this course is usually related to your
yearly salary.
Further Paperwork for Uncontested Divorce:
As you and your spouse agree on all terms, get the necessary paperwork for finalizing the
divorce and fill it out. These documents notify the court of your settlement and request a final
hearing date once the 60-day period has elapsed.
1. Form #2 Entry of Appearance and Waiver
2. Form #3A Marital Settlement Agreement
3. AOC 238.3 Acknowledgement of Preliminary/Final Disclosure Statement
4. Form #4 Deposition of Petitioner
5. Form #5A Finding of Fact and Decree of Dissolution of Marriage
6. Form #9 Motion for Final Decree
Hearing
As you and your spouse have submitted the Marital Settlement Agreement and agreed on
everything, the judge will ask questions about it at the hearing. If all goes well, the court will
approve your agreement. The court will hear testimony from both parties addressing any
outstanding issues during the final divorce hearing. The judge will pass a ruling after the hearing.
Get your Divorce Papers
You’re divorced when the judge signs your divorce decree. This order is sufficient evidence of
divorce.
Do you need help with an uncontested divorce in Kentucky?
Legal representation isn’t necessary for an uncontested divorce, but even those cases that begin
amicably can become contentious. Your separation agreement should be reviewed by an attorney
to ensure it complies with the law and is acceptable to the court.
In order to guarantee that the final divorce decree is based on the mutual marital settlement
agreement and that the divorce procedure is finished successfully, it is strongly advised that you
retain the services of a competent and experienced divorce attorney.
Reach anexpert attorney with more than 30 years of expertise in the profession by dialing 502-625-
0905 right now for legal counsel.
