The procedures for getting a divorce vary from state to state, which means if you’ve decided to end your marriage, you’ll have to know the specific guidelines for filing in Kentucky. Failing to go through the proper process can cause costly delays. Having handled a number of dissolution cases in Lexington, KY, over the past 30 years, the family attorney at the Law Office of Michael Davidson, PLLC has extensive knowledge of the steps that must be followed before a divorce can be legally granted. They provide the support and guidance clients need to avoid mistakes that result in a less favorable outcome. Below, they explain what’s involved in petitioning for a dissolution of marriage according to the state’s family law.  

A Guide to the Kentucky Divorce Process 

Meeting Residency Requirements & Grounds for Filing 

Before filing for divorce in Kentucky, you must meet certain residency requirements. As the petitioner, you will have to show you’ve been a resident of the state for at least 180 days. Either you or your spouse will also need to be a resident of the county you file in. Kentucky is a no-fault state, so there is no need to establish any wrongdoing in the marriage to file. Instead, simply stating the marriage is irretrievably broken will suffice.  

Preparing the Petition for Dissolution 

After making sure you’re eligible to file, you will need to prepare a Petition for Dissolution of Marriage to be submitted to the court. The divorce proceedings will begin once you complete this and any other forms that might be required. You will be asked to provide details about your marriage, any minor children you have together, and your financial support request. A family attorney can help you carefully outline this information.

Filing & Serving Your Forms 

When your documents are ready, they must be filed with the circuit court clerk’s office. You will then have 45 days from the date of filing to serve your spouse with the petition. Missing this deadline will cause your case to be dismissed. You can either send the papers to your spouse from the courthouse via registered mail or ask the sheriff to serve them in person. Your spouse will have 20 days to respond to your request for a divorce and terms of relief. 

Completing a Preliminary Case Disclosure  

Kentucky law also requires both parties involved in a divorce to complete a Declaration of Disclosure. This will give the court a clear picture of each spouse’s financial situation and help them determine how to rule on child support, division of assets, and alimony. You will need to file this document within 45 days of filing the Petition for Dissolution of Marriage, and your spouse must file within 45 days of being served. 

The better you understand the state’s divorce process, the more confidently you can move from one step to the next. An experienced family attorney at the Law Office of Michael Davidson, PLLC will help keep you on the right track and ensure your interests are protected as you navigate through this difficult time. Call (859) 225-1717 today to schedule a consultation, or visit their website to learn more about the firm.