Every divorce action is different and unique. Every marriage has its own special circumstances. The information below will be useful to you in understanding the general process common to many divorce actions undertaken in the Commonwealth of Kentucky.
In a nutshell, one of the parties files for divorce (the “Petitioner”, who files a “Petition”). The other party is served with the Petition and must respond (the “Respondent”, who files a “Response to Petition”). One or both of the parties can begin the divorce process by filing one or more motions regarding child custody, child support, maintenance/spousal support, maintaining the status quo, controlling the behavior of the other party, making sure the parties’ joint bills are paid, etc.
The parties are each required to file their respective Verified Disclosure Statements. Additional discovery may be required such as interrogatories, requests for production, requests for admission, and depositions.
If the parties are able to negotiate or mediate a settlement, a settlement agreement is drafted, reviewed and approved by both sides. Once executed, the Marital Settlement Agreement is filed with the Court.
One of the parties files written proof with the Court restating the facts of the marriage and the settlement along with a proposed Decree of Dissolution. If approved by the Court, the Divorce Decree is entered and the parties’ settlement agreement is incorporated by reference into the Decree, which makes the settlement agreement enforceable as an order of the Court.
After the Decree is entered, there are a number of actions which often need to take place such as executing a Quitclaim deed giving up any interest in real estate, the drafting and submission of a Qualified Domestic Relations Order to divide up pensions and retirement benefits, bank accounts need to be closed, car registrations need to be transferred, name changes need to be put in place on your driver’s licenses and with Social Security, etc.
If you are interested in learning more about the divorce process or have questions about your own family law situation, please contact our office at 502-583-2005. We look forward to speaking with you!