THE DIVORCE PROCESS
in Kentucky
DIVORCE TERMINOLOGY
PETITIONER –
spouse who files for the divorce
RESPONDENT –
non-filing spouse
PETITION FOR DISSOLUTION OF
MARRIAGE –
name of the document that must be
filed with the appropriate court to begin
the divorce process in Kentucky
DECREE OF DISSOLUTION OF
MARRIAGE –
name of the document entered when
the divorce process is complete and
you are granted a divorce
SUMMONS –
document sent to the Respondent,
along with a copy of the Petition for
Dissolution of Marriage, informing the
Respondent that the divorce process
has begun
CHILD SUPPORT WORKSHEET –
document that must be filled out and
used to compute child support if minor
children are involved
MARITAL SETTLEMENT
AGREEMENT –
document filed with the court when the
parties are able to reach an agreement
with regard to issues in the divorce
FILING AND ANSWERING THE
PETITION
Petitioner must have resided in
Kentucky (or been stationed in the
military) for 180 days prior to filing
the petition
Filed in the Circuit Court where one
party lives (unless agreed
otherwise)
Kentucky is a “no-fault” state
Respondent has a limited amount
of time to file a formal written
“Response” with the court
If no Response is filed Petitioner
can ask for a default judgment
COMMON ISSUES IN A
DIVORCE
Assets and debts1
Kentucky is an “equitable
distribution” state
Assets and debts1
What that means is that if a court is
required to decide how assets of the
marriage are divided the court will decide
based on what is “equitable”, or fair
Assets and debts1
“Fair” does not always mean equal
Minor Children2
The court will consider the “best
interests of the child” when custody
and/or visitation are issues in a divorce
The court will typically order the
non-custodial parent to pay
child support to the parent with
custody of the children
Child/Alimony/Spousal Support3
Kentucky does allow spousal support
to be ordered in situations where it is
agreed to by the parties or when the
court finds it is warranted
CONCLUDING THE
DIVORCE
A divorce can be concluded
by an agreement reached by the
parties or through a trial
If the parties resolve the issues
outside of court a Marital
Settlement Agreement can be filed
with the court
MEDIATION may be used to help the parties
reach an amicable settlement agreement
At the end of the divorce
the court will enter a Decree
of Dissolution of Marriage
Learn More About Divorce
Process in Kentucky
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Content provided by: Best Legal Practices

The Divorce Process in Kentucky