Grounds for Divorce
If you think your marriage is damaged beyond repair, you have met the requirements for divorce on the no-fault grounds of irretrievable breakdown.
While you and your spouse must be separated for 60 days before your divorce can be finalized, you are allowed live under the same roof as long as you don't engage in sexual relations for the 60-day separation period.
Filing for Divorce
Divorces in Kentucky are filed at the Court Clerk's office in the county where either spouse lives. The Court Clerk charges a filing fee to open a new divorce case. However, if you can't afford the filing fee, file a Motion to Proceed without Paying Court Costs when you file for divorce.
Serving Your Spouse
Because your spouse is going to sign an Entry of Appearance and Waiver, you will be able to serve divorce papers by mail. This allows you to avoid the expense, time and hassle of hiring the Sheriff or a private process server to handle service for you.
Finalizing Your Divorce Without a Court Hearing
While uncontested divorce hearings tend to be brief and very straight forward, most people feel at least somewhat intimidated at the thought of appearing in front of a judge and greatly appreciate being able to finalize their divorces without having to go to Court. In Kentucky, getting divorced without a hearing is generally easy to achieve when you file an Agreed Order to Submit, also sometimes referred to as a Motion to Submit. This document acts as a substitute for having the Petitioner come to Court to testify that the requirements for Kentucky divorce have been met.
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