Filing for Divorce in Kentucky Without a Lawyer

Filing for divorce in Kentucky without a lawyer is available for people who want to avoid the expense of retaining a lawyer. This option can be a good choice for couples who have few assets and no children to support.

Make a Plan

Before filing for divorce (whether you decide to retain a lawyer or not), it's a good idea to develop a plan of action. Other than a legal end to the marriage, what other issues need to be determined?

  • Do marital assets need to be divided?
  • Are there debts to be dealt with?
  • Can the couple agree on child custody and child support?
  • Is one spouse seeking support payments from the other?
  • Has a separation agreement been signed?

Kentucky Residency Requirement

Before filing for divorce in Kentucky without a lawyer, the person initiating the proceedings must have lived in the State for a minimum of six months.

Kentucky is a no-fault-divorce state.

Filing for Divorce in Kentucky without a Lawyer - An Overview

Grounds for Divorce

In Kentucky, a divorce is granted on the basis of "irretrievable breakdown of the marriage of which there is no reasonable prospect of reconciliation." Kentucky is a no-fault state and marriage breakdown is the only legal ground for divorce.

Petition for Dissolution of Marriage

A divorce action in Kentucky is started by filing a Petition for Dissolution of Marriage with the Court.

Marital Settlement Agreement

This document must be filed along with the Petition for Dissolution of Marriage. The Agreement confirms that the couple has separated and that both of them wish to end the marriage. By signing the Agreement, they are certifying that the terms of the Agreement are to form the basis for the terms of their Divorce Decree.

The Marital Settlement Agreement form includes sections dealing with the following items:

  • Occupation of Family Residence
  • Responsibility for Payment of Mortgage and Maintenance Expenses on Family Residence

The Marital Settlement Agreement also sets out how the following will be divided between the parties:

  • Household Items
  • Vehicles
  • Other Personal Property
  • Joint Bank Accounts
  • Joint Debts

The Agreement contains a clause dealing with any life insurance policies the parties may own. Each person can indicate whether the other will or will not remain the beneficiary of a life insurance policy already in effect. The parties are also required to work out an arrangement regarding health insurance as part of the Agreement.

Spousal support (to be paid by either the husband or the wife) is fixed and agreed upon between the parties.

In addition, the wife's legal name following her divorce is included as part of the Agreement. She has the option of continuing to be known by her married name or reverting back to her maiden/former name.

Separation Period

In order to obtain a divorce in Kentucky, the couple must have been separated for a minimum of 60 days.

Filing for divorce in Kentucky without a lawyer only works in the case of an uncontested divorce. For more complicated cases or where the couple is unable to come to an agreement, they will each need to consult a divorce lawyer.