What do you need to know about filing for a divorce in Louisville, Kentucky? The divorce process begins with the filing of a petition to dissolve the marriage in a Louisville Family Court. The spouse who files for a divorce in Louisville is known throughout the case as the “petitioner.” Once the petitioner has filed a “Petition for Dissolution of Marriage,” the Court issues what is known as a “summons.” This summons and a copy of the petition must be served on the other spouse, who is referred to throughout the case as the “respondent.”
Several things happen once the service of the summons and petition on the respondent has been accomplished. Kentucky law requires a 60-day “waiting period” before any divorce can be granted. The parties do not have to physically separate (one of the former spouses does not have to move out of the house). However, the couple must live “Separate and Apart,” which generally means without the close, intimate (physical) relations of a married couple. Therefore, the earliest the process can be completed after filing for a divorce in Louisville is 60 days. This rarely happens, even if the parties are in complete agreement about every issue associated with the divorce itself.
There are specific restrictions, such as how long one of the parties must live in Kentucky before filing for divorce (180 days), and that a divorce cannot be granted during the term of a pregnancy.
The Court will usually issue automatic temporary restraining orders immediately. These orders are generally quite different from the type of restraining orders issued in a domestic violence case. The orders prohibit either parent from taking a minor child(ren) out of the area or moving out of the State of Kentucky unless both the other parent and the Court agree and provide advance written consent. The parties must not change any beneficiaries associated with life insurance, as well as car insurance or health insurance. In addition, Kentucky’s automatic restraining orders at the outset of your divorce establish specific instructions regarding how each of the parties will handle accounts and property. For example, the parties are usually barred from being able to borrow money, transfer funds or assets, hide or conceal cash or assets, or in any way “alter” the status quo of the marital estate without advance, written consent, and specific orders from the Court.
The experienced Louisville divorce and family law attorneys at Dodd and Dodd have decades of experience in these matters. We provide sound counsel to our clients before the filing of a divorce (whenever possible) so that appropriate planning and relevant legal changes can be accomplished before the filing of a divorce. We will inquire about the intentions or existing plans of either parent to take the child(ren) on any travel or planned vacation. We will discuss every aspect of your divorce, including your responsibilities and opportunities as a parent, to help you protect your rights and individual goals.
One of the most common questions we are asked by those who are considering filing for a divorce in Louisville is, “How long will this take,” or “How much will this cost?” It is essential to understand that every issue associated with the divorce, including child custody and visitation, child or spousal support (maintenance), the disposition of the family home, the equitable division of any business or retirement accounts, and the allocation of all marital property, must be resolved before the divorce can be finalized.
The answers to “How long will this take?” and “How much will this cost?” are directly related to the amount of disagreement between you and your spouse, as well as your ability to work through the things you disagree about and reach a resolution. Disagreement, personality disorders such as narcissism, or the simple inability to come to an agreement will extend both the time it takes to complete your divorce as well as the associated cost.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
