Divorce can often be an emotionally and mentally difficult time for both spouses and the legal procedure may feel to be just as difficult and tense, but it does not have to be. If you have an uncontested divorce in Kentucky and you know what to anticipate, the divorce procedure can be seamless, relatively fast and inexpensive. This blog post will walk you through the process According to USA Today, the typical expense of litigated divorce in Kentucky is $10,200 if no children are included and $15,300 if small kids are included. Whereas, an uncontested divorce normally costs a portion of those figures.
What exactly are the terms of the divorce that must be agreed upon by both spouses?
For an uncontested divorce in Kentucky, both spouses must agree on all the issues of the divorce, including the division of property, division of financial obligations, child custody, visitation, child support, and spousal support. If both spouses can agree on all such relevant terms, without court involvement, then the divorce can be finalized without a trial. If an agreement can not be reached, the divorce will be a contested case and a contested hearing in front of the judge must occur to finalize the divorce.
There are several advantages to getting an uncontested divorce in Kentucky. Perhaps the biggest benefits are that it can be much faster and less expensive than going through litigated divorce. An uncontested divorce can generally be settled within 60-90 days. Whereas, a contested divorce can take as little as six months to many years to complete.
Another advantage to an uncontested divorce is that it allows you and your partner to maintain control over the outcome of the divorce. In litigated divorce, the judge decides how to divide support, custody and assets, and his or her decision may not be what either party desired. In an uncontested divorce, you and your partner are able to come to an agreement on these issues yourselves, so you can be sure that the result will be reasonable to both of you.
Process of an Uncontested Divorce in Kentucky.
The primary step in getting an uncontested divorce in Kentucky is to ensure that you meet the residency requirements. To file for divorce in Kentucky, at least one spouse needs to have resided in the state for at least six months prior to filing.
When you have actually determined that you fulfill the residency requirements, you’ll need to gather all the necessary documents. This includes a Petition for Divorce and a Final Decree of Divorce. The Petition for Divorce is the document that starts the divorce process and needs to be submitted with the court. It includes info such as the grounds for divorce, child custody arrangements, and marital property allocation. The Final Decree of Divorce is the document that officially ends the marital relationship and has to be signed by the judge.
When it comes to handling the divorce process, you have several alternatives. You might hire an attorney to handle your uncontested divorce. This choice includes the additional expenditure of attorney’s costs. Additionally, you can handle it completely by yourself. However, you are still required to submit all the essential documentation and all your divorce papers must be correctly filled out, otherwise, the judge will not approve your divorce. A third option is using a Kentucky online divorce service. This choice allows you to manage your divorce without having to employ a legal representative, while making sure you have the proper divorce documents for your situation and that they are appropriately completed for the judge’s approval.
After you’ve collected all the needed paperwork, you’ll need to submit it with the district clerk in your county. You can do this via efile, by mail or in person. You will also have to pay the county’s filing fee, which normally costs approximately $230. Once the documentation has been filed, you must either have your partner served with the Petition for Divorce or your spouse can sign a Waiver of Service. If your partner will not sign a waiver of service, then as soon as your partner is officially served with the divorce documents, he or she will have 20 days to respond. You can seek a default judgment if they do not respond within that time frame.
You can move forward with an uncontested divorce if you and your partner reach a settlement agreement on all the essential concerns. You will need to prepare a Martial Settlement Agreement and an Agreed Final Decree of Divorce that includes the Marital Settlement Agreement, which details the agreed terms of the divorce, including division of marital property, child custody and support, visitation, and alimony (if applicable). There are other documents that need to also be prepared and submitted in your divorce case depending on whetherminor children are included. If you wish to handle your uncontested divorce yourself to conserve money on legal representative charges, then utilizing a quality online divorce service will ensure you have all the needed divorce documents and they are filled out appropriately. When the Marital Settlement Agreement and Agreed Final Decree of Divorce is signed by both spouses, you are ready to begin the last stage of settling your divorce.
Before any divorce can be settled, there is a required waiting period of 60 days prior to the Judge being able to sign the final divorce decree.
Once the applicable waiting duration has actually passed, you will need to appear in court for a quick hearing, called a “prove-up.” It’s described as a “prove-up” hearing because this is where you prove up your divorce demonstrating that you meet the minimum requirements to get a divorce in Kentucky which all issues have been solved. Typically, only the filing spouse is required to appear in court for the prove-up hearing. You will need to bring all your divorce papers, including your Marital Settlement Agreement and the Agreed Final Decree of Divorce, which the judge will sign, making your divorce official.
Getting an uncontested divorce in Kentucky is a relatively easy and simple procedure. Thus, if you and your spouse have the ability to reach an agreement on all key issues, you will conserve yourself a lot of time, money and stress.
