How to File for Divorce in the State of Kentucky
- 1). Understand the permissible reasons for filing. Kentucky is a "no-fault" divorce state. This means that either spouse can file for divorce at any time. No other reason for filing needs to be stated other than that one party believes the marriage is irrevocably or irretrievably broken.
- 2). Understand the residency requirements. To be able to file for divorce in Kentucky, at least one spouse must have been a resident of the state for at least six months. The divorce must be filed in the county where one of the spouses lives.
- 3). Understand the separation requirements. While anyone can file for divorce in Kentucky, no divorce can be finalized until the spouses have lived apart for at least 60 days.
- 4). Hire a lawyer or do it yourself. Anyone filing for divorce can do so either through a lawyer, or as a "pro se" litigant. While getting a lawyer is not necessary, it is usually recommended, especially when there are contested issues. If you use a lawyer, Kentucky law requires that both spouses be represented separately.
- 5). File with the clerk of the county courthouse. One of the parties in a divorce must file a petition of divorce with the clerk of the county court where one of the parties lives. Each county requires a filing fee to accompany these petitions, and these fees vary by county. It is not necessary for the filing party to live or reside in the county, merely that one of the two spouses lives there and meets the residency requirements.
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