Law & Legal & Attorney Divorce & marriage Law

Step-by-Step Instructions for Filing a Divorce in Kentucky

    • 1). Complete the Petition for Dissolution of Marriage. All Kentucky residents can complete forms online at the Law Help Interactive website. If you do not have access to a computer, the Family Court Clerk's Office in your area can provide guidance on where to obtain the appropriate forms. Make sure you complete the appropriate forms. Couples with children file a different form than couples without children. Louisville residents can obtain divorce forms from the Legal Aid Network of Kentucky website.

    • 2). File the Petition for Dissolution of Marriage, Certificate of Divorce VS-300 form, Case Data Information sheet, and Summons at the county courthouse. The Case Data Information sheet and Summons are not needed when both parties agree on the division of property, finances and debt. In this case, a Marital Settlement Agreement and Entry of Appearance Waiver are the only forms needed in addition to the petition and VS-300 form. You must obtain the VS-300 form from the clerk's office.

    • 3). Pay the filing fee. Complete a Motion-Order to Proceed without Paying Court Costs form if you cannot afford the filing fee. As of January 2011, the divorce filing fee is $113.

    • 4). Schedule an appointment for Families in Transition within 60 days of filing your petition if there are minor children. Contact the county clerk in your office to obtain the number to schedule your classes.

    • 5). Serve your spouse with a copy of the petition. Kentucky allows service by certified mail, sheriff or Warning Order attorney. A Warning Order should be used when your spouse has left Kentucky to avoid service or when you are unable to obtain your spouse's address. Wait two weeks and contact the county clerk's office to verify your spouse has been served. If your spouse does not respond, the court may grant a default judgment.

    • 6). File the Mandatory Case Disclosure within 30 days of filing the petition. You may also file the disclosure when you file the petition. File a Respondent's Mandatory Case Disclosure Acknowledgment if your spouse agrees with the facts presented in the case disclosure.

    • 7). Wait 60 days from the date you filed the petition and then complete and submit a Deposition of Petitioner and Findings of Fact and Decree of Dissolution of Marriage to the Court. Send a copy to your spouse via mail. Wait for the final Decree of Dissolution to arrive in the mail.

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