Kentucky Divorce Procedures

The Kentucky Statutes Title 35 Chapter 452.470 related to the divorce procedure mentions that the venue for filing the Petition for divorce is the Circuit court of the county wherein either of the divorcing partners generally live.

The Kentucky Statutes Title 35 Chapter 403.160 states that while the divorce procedure is in progress, either or both divorcing partners can approach the court for issue of temporary orders about child support and/or maintenance. Till the case is pending, the court may be requested to issue a restraining order or temporary injuction.

Contents of Petition as per Kentucky Divorce Procedure

• Petition should state that the marriage has been irretrievably broken
• The residence, social security number, occupation and age of each divorcing partner as per KRS 403.135
• Duration of residence of each divorcing partner in Kentucky
• The Petitioner should certify the status and existence of any domestic violence protective orders ( this is applicable if any party alleges abuse and domestic violence as defined in KRS 403.720)
• In case of the previous point, the Petitioner may substitute the address of the party and any minor children by the attorney’s address
• Details regarding the marriage like date and location of registration
• Date of separation of the parties
• In accordance with KRS 403.135, the names, ages, addresses and social security numbers of the minor children of the marriage
• Status of pregnancy of wife
• If any arrangements have been made regarding the support, visitation and custody of children and spousal support
• If any relief is being sought

Kentucky Divorce Procedure regarding Service

The service may be done by certified mail or special bailiff or sheriff. As per the statutes, the Respondent is allocated 20 days from the date of service to file a Response (also called as Answer). The intention of providing these 20 days is that the Respondent gets a chance to utilize the services of a lawyer regarding this issue.

Hearing

KRS 403.735 is dedicated to Hearing. The court reviews the Petition and schedules a date, time and location for a hearing, if the allegations mentioned in the Petition fail to hint an imminent peril of abuse and / or domestic violence. After scheduling the hearing, the court issues a Summons for the adverse party.

Some rules of Divorce Procedure effective from 12th July 2006

• Both the divorcing partners or any one of them can commence the divorce procedure
• In case one of the divorcing partners initiates the process, the other partner must be served as per the Rules of Civil Procedure and this partner has the right to file a verified response
• The defenses to divorce and legal separation that existed previously and were inclusive of lapse of time, insanity, recrimination, collusion, connivance and condonation have been abolished
• Excluding the divorcing partners, the court may include additional parties for the exercise of its authority
• When the petition is filed, if the wife is pregnant, then until the pregnancy is terminated, the court may continue the case

Divorce Papers