What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Kentucky Divorce Records
- What Are the Residency Requirements for Divorce in Kentucky?
- What Are the Grounds for Divorce in Kentucky?
- How Much Does It Cost to File for Divorce in Kentucky?
- How Long Is the Waiting Period for Divorce in Kentucky?
- How To File for Divorce in Kentucky?
- Are Divorce Records Public in Kentucky?
- How To Get Certified Copies of a Divorce Decree in Kentucky?
- Divorce Settlement: Is Kentucky a 50/50 State?
- FAQs about the Divorce Process in Kentucky
Kentucky Divorce Records
In recent years, Kentucky has had a divorce rate of 3.2 per 1,000 residents, which aligns closely with the national average. Over the last three decades, the divorce rate in Kentucky, like many other states, has shown a declining trend, reflecting changing societal attitudes and a decline in marriages.
Divorce records in Kentucky are categorized into three main types:
- Divorce Certificate: This record contains basic details, including the names of the parties, the date, and the location of the divorce. It is maintained by the Office of Vital Statistics in the state.
- Divorce Decree: This is the official court judgment finalizing the divorce and detailing the terms of the divorce, including custody arrangements, property division, and alimony. It is created in the circuit court and maintained by the clerk of the court.
- Divorce Case Files: These are comprehensive records of the entire divorce process, including petitions, evidence, testimonies, and rulings. They are created in the circuit court and maintained by the clerk of the court.
What Are the Residency Requirements for Divorce in Kentucky?
In accordance with KRS § 403.140(1)(a), either party in a divorce must have lived in Kentucky for at least 180 days immediately preceding the petition filing date. The state also requires members of the armed services looking to file for divorce to meet the 190-day rule, meaning they must have been stationed in Kentucky for 180 days before the filing date.
What Are the Grounds for Divorce in Kentucky?
Kentucky is a no-fault divorce state, meaning that couples seeking a divorce may cite the irretrievable breakdown of the marriage relationship as the grounds for divorce. Before the court may dissolve the marriage, it must find that there is no reasonable prospect of reconciliation. The state's no-fault divorce laws are outlined in Kentucky Revised Statutes § 403.170.
How Much Does It Cost to File for Divorce in Kentucky?
The cost of filing for divorce in Kentucky varies by county but generally ranges between $100 and $250. For individuals unable to afford the fee, a Motion for Waiver of Costs and Fees can be filed to request a waiver of the filing fee. Besides filing fees, other fees such as attorney fees, mediation costs, parenting seminars, expert witnesses, court motion fees, appraisal, and property division, and tax implications may inflate the total cost associated with finalizing a divorce.
On average, it costs between $11,000 and $15,000 to finalize uncontested divorces and up to $20,000 for contested divorces in Kentucky. In the United States, the average cost of divorce is $11,300. Divorce costs in Kentucky are generally on par with or slightly lower than those in neighboring states. In Indiana and Tennessee, it costs between $12,000 and $16,000 on average to finalize a divorce.
How Long Is the Waiting Period for Divorce in Kentucky?
The requirement for a waiting period and separation period for couples seeking a divorce is outlined in Kentucky Revised Statutes § 403.170. A waiting period is a period where couples are required to wait before the court may decide on the divorce case. On the other hand, a separation period is a time when couples must live apart before the finalization of their divorce.
In Kentucky, there is a 60-day waiting period, serving as a cooling-off phase and required by the state for couples to consider reconciliation or finalize agreements before a divorce case may be finalized by the court. No divorce will be granted until this period has elapsed.
Also, Kentucky law requires that the couple live separately for at least 60 days before the divorce is finalized. "Living separately" as defined by the state does not necessarily require different residences; the couple may reside under the same roof but refrain from engaging in marital relations during this period.
How To File for Divorce in Kentucky?
In Kentucky, the divorce process varies depending on whether it is contested or uncontested. An uncontested divorce occurs when both parties agree on all terms, making the process faster. In a contested divorce, disagreements on issues like child custody, support, or property division require formal mediation or court hearings, making it more time-consuming and complex. While uncontested divorces proceed more quickly, both types follow the same basic procedural steps, such as:
Prepare Divorce Papers: The divorce process begins by completing the required Certificate of Divorce or Annulment (VS-300) online as a fillable PDF. The forms for an uncontested divorce can be found online on the Kentucky courts website. Once completed, it is automatically uploaded to the Office of Vital Statistics. It is recommended that you print two copies, one for your records and one for submission to the office of the circuit court clerk.
- File the Petition: File your petition in the office of the clerk of the circuit court of the county where you or your spouse resides. Submit the VS-300, a civil summons (or waiver for uncontested divorces), and a case data information sheet. If applicable, include a marital settlement agreement detailing agreed terms for property division, child custody, and support. Filing fees range from $100 to $250, but you can file a Motion for Waiver of Costs and Fees if you cannot afford them.
- Serve Divorce Papers: After filing the divorce papers, notify your spouse of the divorce by serving them the papers. Your spouse has 20 days to respond, agree, disagree, or not respond at all. If they fail to respond, the judge may approve your terms by default.
- Negotiate and Settle: If your spouse disagrees with any terms, negotiations are required. Disputes may involve division of assets, custody, or support. If mediation fails, the court resolves the disagreements and finalizes the settlement in the divorce decree.
- Court Hearing and Final Judgment: Kentucky requires a 60-day separation period before finalizing the divorce. After this waiting period, the court issues a final judgment. If all terms are agreed upon, the decree is issued without further delay. For contested divorces, the judge reviews the evidence and makes decisions before granting the divorce decree, which officially ends the marriage.
Are Divorce Records Public in Kentucky?
Divorce records are deemed public under the Kentucky Open Records Act. Public access to these records is available via a request to the official custodian of the records. While these Kentucky divorce records are public, courts in the state may order certain records or portions of them to be sealed, making them inaccessible to the general public. When Kentucky courts do this, it is to protect sensitive information or uphold the privacy of the involved parties.
How To Get Certified Copies of a Divorce Decree in Kentucky?
Certified copies of divorce decrees are maintained by the clerk of the circuit court in the county where the divorce was granted. To get certified copies of a divorce decree, you must contact the office of the clerk of the court where the decree was issued. Note that you will be required to submit a request and pay the appropriate copy fee which typically costs between $5 and $20. Certified copies of Kentucky divorce decrees may be required for remarriages, name changes, and legal or financial transactions.
Divorce Settlement: Is Kentucky a 50/50 State?
Marital property is divided equitably between the parties in a divorce and not in an equal 50/50 split. While 50/50 property slit does not occur, marital property is still divided fairly per equitable distribution guidelines.
Some of the factors weighed by Kentucky courts in dividing marital property equitably include:
- The financial contribution and non-financial contributions of each spouse, such as homemaking or child-rearing
- The length of the marriage
- Each spouse/s financial situation and earning potential
- Whether one spouse wasted marital assets through misconduct
- Custody of children
In community property states, marital property is divided equally (50/50) regardless of the circumstances.
FAQs about the Divorce Process in Kentucky
Here are answers to frequently asked questions about the divorce process in Kentucky.
How Do I Modify a Divorce Decree in Kentucky?
To modify a divorce decree in Kentucky, you must file a written motion with the circuit court clerk in the county where the original decree was issued. In your motion, you must detail the requested changes and the reasons for the modification. To support your argument, you should attach supporting evidence, such as proof of income changes, medical records, or documentation relevant to the child's best interests.
Next, serve the other party with the motion and supporting documents. Both parties will need to present their arguments and evidence at a court hearing, where the judge will assess whether the changes are justified under Kentucky law. If approved, the court will issue an amended decree reflecting the modifications.
How Do I Enforce a Divorce Decree in Kentucky?
Enforcing a divorce decree in Kentucky may become necessary when one party fails to comply with the terms set forth by the court, such as unpaid child support, withheld alimony payments, or refusal to follow custody arrangements.
To enforce the decree, the aggrieved party must file a motion for enforcement with the circuit court where the original decree was issued. This motion should detail the specific violations, such as missed payments or denied visitation, and provide evidence of the breach, like financial records or documented communications.
Once the motion is filed, the non-compliant party is served with notice of the motion and a hearing date. At the hearing, both parties will be required to defend their case. Afterward, the judge will evaluate whether the decree has been violated and, if so, may issue enforcement measures, which may include wage garnishment, fines, or even contempt of court charges, which can result in jail time for continued non-compliance.
What Are the Restrictions to a Divorce Decree in Kentucky?
Per KRS § 403.213 and KRS § 403.340–320, Kentucky allows for the modification of child support and child visitation if there is a material change in circumstances and the modification serves the best interests of the child. Similarly, child custody arrangements may also be modified.
However, per Kentucky Revised Statutes § 403.250, spousal support and property division arrangements may be modified only upon demonstrating a significant and continuing change in circumstances that have made the previous terms unconscionable or unfair. Typically, property and division arrangements are only modifiable when a party fails to disclose the full extent of their assets during the initial proceedings.
Can I Efile My Divorce in Kentucky?
E-filing is offered by Kentucky courts. Although Kentucky allows persons filing for divorce to fill out their divorce petition online, completed paperwork is required to be submitted in person to the appropriate court.
How Do You Serve Divorce Papers in Kentucky?
If you are the one filing for divorce, Kentucky law requires that someone other than yourself, who is at least 18 years old and not a party to the divorce, handles the service. You may have your spouse served by a process server or through the county Sheriff's office for a small fee.
Alternatively, you may serve the divorce papers via certified mail with a return receipt requested to confirm delivery. Once service is complete, proof must be submitted to the court, which will typically be provided by the Sheriff or process server if they handle the service.
However, if finding your spouse proves challenging, you may serve your spouse divorce papers by publication via a notice of the divorce published in a local newspaper.
Does Kentucky Mandate Couples to Participate in Divorce Mediation or Counselling?
Mediation is not mandatory in divorce cases in Kentucky. However, courts in the state may order mediation or counseling in specific situations, especially those involving child visitation, parenting arrangements, and child custody disputes.
How Do I Seal My Divorce Records in Kentucky?
Since Kentucky divorce records are public by default, you may seal your record by getting a court order to that effect. To initiate the process, you must submit a formal request to the court via an application. After the court evaluates the need for privacy against the public's right to access divorce records, the judge will determine whether your record may be sealed during a hearing where the parties involved present their arguments.
Note that Kentucky courts are more likely to seal specific parts of a divorce record rather than the entire case. Commonly sealed portions include:
- Medical or mental health information
- Identities of minors
- Financial information
- Domestic violence or abuse details
How Does Kentucky Calculate Alimony?
Alimony in Kentucky is not determined by a fixed formula but is awarded based on the court's discretion following the evaluation of specific factors outlined in Kentucky Revised Statutes § 403.200. Some of these factors include:
- The financial resources of the requesting spouse
- The time required to acquire sufficient training or education to enable the requesting spouse to find appropriate employment
- The duration of the marriage
- The standard of living established during the marriage
- The age and the physical and emotional condition of the spouse seeking alimony
- The ability of the spouse from whom maintenance is sought to meet their needs while meeting the needs of the spouse seeking alimony
In Kentucky, alimony may be terminated in specific situations such as when the recipient remarries, cohabits with a partner in a romantic relationship, the recipient becomes self-sufficient, or the payer or recipient dies. Also, alimony may be modified (not necessarily terminated) when there is a significant change in circumstance, such as a job loss, retirement, serious illness or disability of either partner or a substantial increase or decrease in either spouse's income.
How Do I Access Historic Divorce Records in Kentucky?
People generally request historic Kentucky divorce records for different purposes including genealogical research and confirming marital history. To access historic divorce records in Kentucky, contact the Office of Vital Statistics for records post-1958 the circuit court clerk's office, or the Kentucky State Archives for older records. You may be required to pay a small fee to obtain the requested records.
