Providing Dedicated Divorce Services to Central and Eastern Kentucky Families
Marital problems arise, and when there is no real solution, divorce may be the only option. If you and your spouse have decided to divorce, you need a qualified Kentucky divorce attorney to help you through the process. Bruce R. Bentley Attorney at Law PLLC has been helping couples through the complicated and often confusing divorce process for more than a decade, and he is ready to stand by your side throughout the entire procedure.
Too often we hear stories of one person coming out of a divorce worse off than before. The laws can be rigid and unforgiving, and without proper legal representation on your side, you run the risk of missing something that could make life harder moving forward. It’s understandable that you might want to settle your divorce as quickly as possible, but it will benefit you and your family in the long run to take the time to do it right. Call attorney Bruce R. Bentley to discuss your case before you take any steps in the divorce process.
Kentucky Divorce Laws
Kentucky is a “no-fault” divorce state, meaning that state law permits divorce when one or both parties believe the marriage is “irretrievably broken.” Keep in mind that at least one of the spouses is legally required to have lived in Kentucky for at least 180 days (six months) before filing for divorce in the county in which one or both spouses reside. Divorcing parties are also required to live apart for at least 60 days (or live in the same home sans sexual cohabitation for the same length of time) before the official divorce decree can be entered.
The Divorce Process in Kentucky
When a couple decides their marriage is “irretrievably broken” and the only solution is divorce, the first step is to file a Petition for Dissolution of Marriage. This petition can be filed by one spouse or jointly by both. The filing spouse is called the petitioner, and the non-filing spouse is known as the respondent. The divorce process begins as soon as the petition is filed with the courts.
If filed by one spouse, the other spouse is then served a summons to appear in court to continue the divorce process. The summons will usually be served by an uninvolved third party. You have 45 days following the date you file to serve a summons to your spouse. Your case will automatically be dismissed if you fail to meet this deadline, and you’ll have to start from the beginning and repay any filing fees.
Once the divorce papers have been filed and served, both spouses must complete and submit a Preliminary Case Disclosure documenting the financial facts for each spouse, including employment, any assets and liabilities and even monthly expenses. The disclosure will help the courts decide how to split marital money and make other decisions regarding child support and child custody, if necessary.
Uncontested Divorce in Kentucky
In many cases couples are able to come together one last time to agree completely on the terms of a divorce. An “uncontested divorce” occurs when a divorce is amicably settled or at least agreed upon without the couple having to go to court. These are quite common, and can save both spouses valuable time and money. If you and your spouse can agree on all the terms of your divorce, you may be eligible for an uncontested divorce in Kentucky.
Both spouses file together in an uncontested divorce, negating the need for issuing a summons. Once all the proper paperwork is filed, the courts may require one final hearing before the divorce is finalized. Speak with a legal professional at Bruce R. Bentley Attorney at Law PLLC to discuss your situation and see if you and your spouse might qualify to settle out of court.
Bruce R. Bentley Can Help You Through Your Divorce
An experienced Kentucky divorce lawyer can help you and your family get through this tough time as quickly and painlessly as possible. By calling Bruce R. Bentley Attorney at Law PLLC, you’re enlisting the dedication and compassion you and your children deserve. Together we’ll tackle your legal problems head-on. Mr. Bentley has represented many clients throughout Kentucky in situations similar to yours, and we’ll do everything we can to ensure your divorce is handled properly and professionally.