You will have to pay a fee to file, but also pay a fee for your spouse to be served, unless your spouse signs a waiver, waiving his right to be served. In straightforward cases with few assets, the parties file a separation agreement along with the petition. Also known as a settlement agreement or simply a divorce agreement, the separation agreement is a contract between the parties that settles all outstanding issues between them.
It confirms that they wish the court to end their marriage. If the court approves the separation agreement, it incorporates it into the final decree of divorce. If the couple cannot agree, they can ask the court for a hearing. Filing for divorce in Kentucky without a lawyer typically works best in uncontested cases.
For more complicated cases or where the couple is unable to reach an agreement, it's better to consult a divorce lawyer. Similarly, you might need expert assistance if you have minor children or own considerable assets. Should you choose to proceed without a lawyer, the Kentucky Legal Aid website is invaluable, offering clear instructions and information on everything from the divorce itself, to child custody and visitation.
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If the court feels that the marriage still has a chance of survival it has the power to suggest that the parties seek counseling. The court also has the power to order a conciliation conference, where it can make a finding whether the marriage is irretrievably broken. Property brought into the marriage or property that a person had before the marriage is not subject to division in a divorce. To prove that you had property that should be considered non-marital property you need to show that you either owned it before marriage, it was a gift to you from someone besides your spouse and was only meant for you, or that you inherited it.
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Some examples of non-marital property might include cars, boats, cabins, and farms. The court will determine what is non-marital property before proceeding with the case. Marital property, on the other hand, will be divided in just proportions, most likely equally. Even if one spouse stayed home and cared for the house and the children, most courts will consider that an equal contribution to the relationship and thus that spouse will be awarded an equal share of the property.
It is best for you and your spouse to agree on which spouse takes what piece of property, it simplifies the entire process. If settlement is unlikely, you will need to determine the value of each and every piece of property that you own. If you do not agree with your spouse on the values a court appointed appraiser will have to value the goods, and it is likely that they will appraise it at an amount lower than you would like.
All debts acquired during marriage will be considered marital debts and should be divided likewise. Maintenance may be awarded to either spouse for their support and maintenance after the divorce. It is generally based on the financial circumstances of the divorcing spouses. There is no specific formula to calculate maintenance and the determination of maintenance is left to the discretion of the court.
The Court may grant maintenance if it finds that the one party lacks sufficient property to provide for their reasonable needs, and is unable to support themselves through appropriate employment.
In order to help the Court determine the amount and duration of maintenance, the court will look at several factors, such as: a the financial resources of the party seeking maintenance; b the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; c the standard of living established during the marriage; d the duration of the marriage; e the age, and physical and emotional condition of the spouse seeking maintenance; and f the ability of the spouse from whom maintenance is sought to meet their own needs as well as those of the spouse seeking maintenance.
There are a few different forms of maintenance. The first is temporary maintenance, which is paid from one spouse to the other during the trial or proceedings and before the divorce is finalized. Rehabilitative maintenance, is where one spouse usually from a short marriage pays for the other to complete an education or a program that will help the other spouse be able to earn their own living.
And lastly, permanent maintenance, where the court describes an amount that one spouse should pay to the other for either a specified period of time, or an open-ended period of time.
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In the determination of maintenance fault may play a role. The court will not consider fault in determining whether a recipient is entitled to maintenance, however, it will consider fault in determining the amount and duration of maintenance. It is usually in the best interests of the parents and child for the parents to agree about the custody, child support, and visitation issues relating to their children.
Divorce Frequently Asked Questions (FAQs) - Baldani Law Group
However, before a judge makes any final decision the parents are usually sent to mandatory mediation to attempt to work out child custody and visitation between the two of them. If a judge is forced to make custody decisions he or she will base the decision in accordance with the best interest of the child and give equal consideration to each parent.
Child support is the amount that the court determines should be paid from the non-custodial parent to the custodial parent to help maintain the children until they reach age Child support determinations can only be altered if there has been a material change in circumstances that is substantial and continuing. Unless the parents reach an agreement about the amount of child support to be paid, the State Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and more importantly, in the best interest of the children.
Kentucky Divorce Details
Kentucky, like all other states, has guidelines for determining the amount of child support to be paid. Unless both parents agree to an amount other than that calculated using the guidelines, child support must based on the guidelines. Cordell and Cordell, P.
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