Filing for a military divorce in Kentucky involves specific steps due to the unique nature of military service. It’s important to understand the process and requirements to ensure you handle everything correctly.
Residency requirements and service member’s rights
To file for a military divorce in Kentucky, you or your spouse must have lived in the state for at least 180 days. This residency requirement applies to military members and their spouses, even if stationed elsewhere temporarily.
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from certain legal actions. This can delay divorce proceedings if the service member is on active duty and cannot attend court.
Filing the petition and serving the papers
The divorce process begins by filing a petition for dissolution of marriage in the county where you or your spouse resides. The petition should include information about your marriage, children, property, and the grounds for divorce. Kentucky allows for both no-fault and fault-based divorces, though most choose no-fault, citing irreconcilable differences.
You can serve the divorce papers to your spouse through a private process server, sheriff’s office, or by certified mail. If your spouse is on active duty, they must get personally served unless they waive their SCRA rights.
Response from the spouse
Once served, your spouse has a set time to respond, usually 20 days according to Kentucky law. If they are on active duty, the SCRA may extend this period. A timely response can help the process move forward smoothly, avoiding unnecessary delays.
Finalizing the divorce
After resolving all issues, the final step is obtaining a divorce decree. This legal document finalizes the divorce, addressing property division, custody, and support. Ensure you clearly outline all agreements to avoid future disputes.
Starting a new chapter
Navigating a military divorce in Kentucky requires understanding specific rules and protections. By following these steps and staying informed, you can handle the process smoothly.