Understanding the steps involved in filing for divorce in the Commonwealth of Kentucky.
Kentucky's divorce rate (3.8 per 1,000 population) exceeds the national average of 3.2. If you are considering divorce, understanding the process can help reduce stress and uncertainty. Attorney Ashley Larmour guides clients through every step.
Before a party can file for divorce, he or she must have been a resident of the Commonwealth for 180 days.
The spouse initiating the divorce (the petitioner) files a Complaint in Circuit Court in the county where one spouse resides. The document requests a divorce decree based on the marriage being "irretrievably broken," reflecting Kentucky's no-fault divorce approach.
The petitioner must arrange for legal service of the Summons and a copy of the Complaint to the respondent (the non-filing spouse).
The respondent has 20 days to file an Answer. Two scenarios follow:
The respondent files an Entry of Appearance Waiver along with a signed Divorce Settlement Agreement addressing child custody, support, spousal support, and property division. These cases can proceed more smoothly and quickly.
The respondent files objections, triggering court hearings that may extend proceedings for months. Issues may include custody disputes, property division disagreements, or spousal support conflicts.
Kentucky employs "equitable distribution," meaning courts divide marital property fairly but not necessarily equally. Factors considered include the length of marriage, each spouse's contributions, and economic circumstances.
"Ashley Larmour Law, and in particular Gayla, made a complicated legal situation easy and pain-free for me. I was told how and when my divorce should go on my first visit and Gayla followed through."
— N.W., ClientContact Larmour Law Offices for a consultation to understand your options.
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