Uncontested Divorce in Kentucky

The highly sensitive issue of divorce becomes even more sensitive in the presence of children. The divorcing partners desire to get rid of each other, but care for the best interests of their children. Obviously, it is the foremost duty of the divorcing parents as well as the Judge to ensure that the children are not at a loss due to the divorce.

Forms related to Uncontested Divorce in Kentucky without minor children

The Petitioner is required to fill in the following forms.

• A Petition: This document performs the following functions.
  • Identification of the divorcing parties and their residences.
  • Establishment of the separation date of the divorcing parties.
  • Establishment of the fact that there are no children aged less than 18.
  • Request for the desired relief.

• A Summons: This document is used to hint the Respondent that he or she must file an Answer to the Petition within 20 days of its receipt. If the Respondent fails to do so, he or she has to face a default judgment against him or her. The other way for the Respondent is to sign an Entry of Appearance Waiver.

• A Case Information Sheet: This form is used for the identification of all the parties in the action.

• A Certificate of Divorce (VS-300 form): This document is used to record the dissolution for the vital statistics of the Commonwealth. It can be procured from the Circuit Clerk.

• The Mandatory Case Disclosure: An overview of the debts and assets of the divorcing spouses is given to the court by means of this document. The Respondent accedes to this disclosure in an Acknowledgement.

• An Entry of Appearance Waiver: If the Respondent signs this document, the Summons is not served to the Respondent. By putting down the signature, the Respondent accedes to the dissolution and does not contest the action. In such circumstances, this Waiver along with the Marital Settlement Agreement is filed simultaneously.

In some cases, the Respondent does not sign the above mentioned Waiver. So, the Respondent is served with the Petition and the Summons, in one of the following ways.

• Certified mail: This is a sort of restricted delivery that is initiated from the mail room at the courthouse.
• The Sheriff arranges to deliver the divorce documents.
• A Warning Order Attorney: This method is employed when one of the following two conditions arise.
  • The Petitioner does not know how to procure the address of the Respondent.
  • In order to avoid the service of the process, the Respondent has left Kentucky.

If all the above mentioned forms are filed and the divorcing couple is in agreement with each other, then a hearing can be scheduled by the Petitioner after filing a Notice-Motion-Order. For finalizing the action, the following documents must also be filed by the Petitioner.

• The Findings of Fact: This document is used to establish the following.
  • A Marital Settlement Agreement, that is not unconscionable, has been filed.
  • The wife is not pregnant and the divorcing couple does not have children.
  • The marriage has been irretrievably broken.
  • The divorcing couple has resided apart for 60 days.
  • The parties are lawfully married.
  • The residency requirements are fulfilled.

• The Deposition of the Petitioner: This document establishes the following facts.
  • The grounds of divorce.
  • None of the divorcing partners are in military.
  • A Marital Agreement has been reached or the Respondent is in default.

• A Decree of Dissolution: When the Judge signs this document, the marriage is terminated.

Forms related to Uncontested Divorce in Kentucky with minor children

All the forms filled by divorcing couples without minor children are applicable for divorcing couples with children. However, the following forms for couples with children are different than those for couples without children and contain additional information.

• Petition.
• Marital Settlement Agreement.
• Mandatory Case Disclosure.
• Finding of Fact.
• Decree of Dissolution.

Divorce Papers