Uncontested Divorce Kentucky

How to Get an Uncontested Divorce in Kentucky

Step 1: Defining Uncontested Divorce for Kentucky

Some might define Kentucky uncontested divorce as a divorce in which both spouses agree to dissolve their marriage, but in fact it is more stringent than that. Both spouses have to agree to all significant terms of divorce. That means that they agree to the same division of property and, if there are children, to child custody, child visitation rights, and child support amounts.

Step 2: Make Sure You Qualify for an Uncontested Divorce in Kentucky

The first question you need to ask is whether you qualify for Kentucky divorce. You must have been a resident of the state for at least 180 days before filing for divorce. Kentucky has No-Fault divorce laws, which means that you don’t have to put down any cause for divorce such as abuse or adultery. However, you do have to prove evident dissolution by having lived apart for at least sixty days.

Step 3: File the Initial Petitions

One spouse will have to go down to your district’s Family Court and file a significant amount of paperwork. There are variations on most of these forms depending on whether or not you any children have resulted or will result from your marriage, so be sure to pick out the applicable volume:

• A Petition for the Dissolution of Marriage which identifies the parties involved and states divorce as the requested action;

• A Certificate of Divorce Form VS-300, which is used for the county’s statistical records;

• A Case Information Sheet, where personal information about both parties is given in detail;

• A Mandatory Case Disclosure, which each party must file separately, recording their financial information such as property and debt incurred for the later decision making of the court;

• An Entry of Appearance Waiver, where the spouse not doing the main filing (usually called the respondent) agrees to the Petition for the Dissolution of Marriage and agrees not to contest all claims asked for;

• A Marital Settlement Agreement, necessary if an Entry of Appearance Waiver is given and this is to be an uncontested divorce in Kentucky, in which all the agreed-to claims are stipulated in detail such as the division of property and child custody.

Step 4: Finalize the Uncontested Divorce in Kentucky

After all the above steps have been completed, it falls upon the Petitioner to file a Notice-Motion-Order to Schedule Hearing and finish the uncontested divorce in Kentucky. At the time of the hearing, the Petitioner should file the following additional forms:

• The Deposition of the Petitioner, establishing the ground of divorce and asserting that an agreement has been reached between the two parties;

• The Findings of Fact, which state that the couple qualifies for an uncontested divorce in Kentucky under those requirements listed in Step #2;

• A Decree of Dissolution, the most important form of all that, once signed, will allow for the uncontested divorce in Kentucky to become finalized.