THE DIVORCE PROCESSin Kentucky

DIVORCE TERMINOLOGY

PETITIONER –

spouse who files for the divorce

RESPONDENT –

non-filing spouse

PETITION FOR DISSOLUTION OF MARRIAGE –

name of the document that must be filed with the appropriate court to begin

the divorce process in Kentucky

DECREE OF DISSOLUTION OF MARRIAGE –

name of the document entered when the divorce process is complete and

you are granted a divorce

SUMMONS –

document sent to the Respondent, along with a copy of the Petition for

Dissolution of Marriage, informing the Respondent that the divorce process

has begun

CHILD SUPPORT WORKSHEET –

document that must be filled out and used to compute child support if minor

children are involved

MARITAL SETTLEMENT AGREEMENT –

document filed with the court when the parties are able to reach an agreement

with regard to issues in the divorce

FILING AND ANSWERING THE

PETITION

Petitioner must have resided in Kentucky (or been stationed in the military) for 180 days prior to filing

the petition

Filed in the Circuit Court where one party lives (unless agreed

otherwise)

Kentucky is a “no-fault” state

Respondent has a limited amount of time to file a formal written

“Response” with the court

If no Response is filed Petitioner can ask for a default judgment

COMMON ISSUES IN A DIVORCE

Assets and debts 1

Kentucky is an “equitable distribution” state

Assets and debts 1

What that means is that if a court is required to decide how assets of the

marriage are divided the court will decide based on what is “equitable”, or fair

Assets and debts 1

“Fair” does not always mean equal

Minor Children 2

The court will consider the “best interests of the child” when custody

and/or visitation are issues in a divorce

The court will typically order the non-custodial parent to pay

child support to the parent with custody of the children

Child/Alimony/Spousal Support 3

Kentucky does allow spousal support to be ordered in situations where it is agreed to by the parties or when the

court finds it is warranted

CONCLUDING THE DIVORCE

A divorce can be concluded by an agreement reached by the

parties or through a trial

If the parties resolve the issues outside of court a Marital

Settlement Agreement can be filed with the court

MEDIATION may be used to help the parties reach an amicable settlement agreement

At the end of the divorce the court will enter a Decree

of Dissolution of Marriage

Learn More About Divorce Process in Kentucky

Click to visit:

www.mmslawonline.com

Content provided by: Best Legal Practices