Kentucky No Fault Divorce

The courts in Kentucky do not consider reasons like desertion or brutality for filing for divorce. The divorce can be granted only on No Fault grounds.

Grounds of Kentucky No Fault Divorce

One divorcing partner has to state that their marriage is irretrievably broken due to irreconcilable differences or incompatibility of temperament.

Residency requirements of Kentucky No Fault Divorce

The divorcing partner who files for divorce must have resided in this state for 180 days immediately prior to the date of filing. If this partner is a member of the armed services, then, he or she must be stationed in this state for the specified period.

The divorcing parties have to reside apart and separate for 60 days, before the divorce can be granted. During these 60 days, it is permissible if the divorcing couple resides below the same roof, but in the absence of sexual cohabitation.

In those cases in which minor children are involved, 60 days must pass after the date of service and only after this period, the testimony can be taken or heard.

Marital Settlement Agreement

If the divorcing partners desire to apply for an uncontested divorce, then, along with the Petition it is expected that the Marital Settlement Agreement should also be filed. The court estimates the accuracy of the agreement and offers final approval. This agreement consists of the following data.

• How divorcing partners would divide joint bank accounts, vehicles, household items etc?
• How divorcing partners would manage mortgages or debts?
• How divorcing partners would handle the family residence after divorce?
• Which divorcing partner would pay alimony and how much?
• Whether the wife would retain her name or restore her maiden name?
• The parenting plan which comprises legal custody and physical custody.

Certain points to be kept in mind

• It is recommended to pursue a Do It Yourself Kentucky No Fault divorce, if the divorce is an uncontested one. There is no need to hire the services of the lawyer
• If the divorce is a contested one, it is advisable to take the assistance of an attorney
• Consider property that was attained during the marital life and is on the name of a single divorcing partner. In such a case, it is not binding that this property should be allocated to this partner after divorce
• The court aims at dividing the property fairly and equitably between the divorcing partners
• In contested cases, the court attempts to offer the best interests of the child before taking any decision about custody issues
• Section 403.230 states that when a marriage is announced invalid or dissolved and if the divorced partners have no children, then, the court might order that the former name or maiden name of the wife may be restored, upon request by the wife
• Section 403.150 declares that when the petition is filed, and the wife is pregnant, then,

Divorce Papers