We know you have a lot of questions about divorce in the Commonwealth of Kentucky. While we can't offer legal advice specific to your situation, we can offer some generic explanations of common scenarios.
Who is the "Petitioner" and who is the "Respondent"?
Many of us are familiar with "Plaintiff" and "Defendant" to identify parties to a legal action. In domestic relations practice in Kentucky, the person who filed the Petition for Dissolution is the Petitioner and the other party, who must file a response to that Petition is referred to as the Respondent.
I've been served with a Petition for Dissolution. What do I have to do?
From the day you are served with the Petition (whether by Sheriff, Special Bailiff or Certified Mail), Kentucky law requires that you file a response (also referred to as an "Answer") to the Petition within twenty (20) days. This is intended to provide you sufficient opportunity to obtain the services of an attorney to represent you in this matter.
My spouse and I have pretty much decided what we want to do to settle our divorce. Can we save money by hiring one attorney?
No ethical attorney in Kentucky will ever claim to represent both of you in a divorce action. He or she simply cannot guarantee that every aspect of the divorce settlement drafted is fair to both parties. The attorney will have to represent one of you and the other should consult with competent legal counsel before executing any documents. You may be able to find an attorney who can review the Property Settlement Agreement and other agreements and only charge you for an hour or so of legal time. Only then can you both be assured that the agreements are absolutely equitable to both parties.
We do not own a house, have no joint debts, have no children and own no joint assets. Do we really need an attorney to represent us?
I have to admit that I am prejudiced against "legal form mills" and "legal document preparation services" that offer to do low-budget divorces for a fraction of what an attorney might charge. I have personally invested a great deal of time over the years fixing problems caused in divorces when people tried to save money by relying on the work and advice of these unlicensed legal practitioners and do-it-yourselfers. If you choose to handle your divorce in this manner, I have to caution you to make sure you read and re-read every single word of the documents prepared for you. If it isn't perfect, you may pay a much, much higher price in the long run.
We've agreed that I am going to have custody of the children and my spouse has offered me a certain sum of money as child support. Can we agree to this without the court being involved?
While I generally encourage my clients to try to work out as many of the details of their divorce themselves (where possible and where domestic violence is not an issue), I would encourage someone with this question to first make sure that they are agreeing to accept everything the law entitles them to receive in the form of child support.
In Kentucky (and many other states as well), child support obligations are a purely mathematical formula. My child support calculation pages explain how this amount is determined based on the parties' joint monthly gross income. While this obligation is set based on a mathematical formula, there are still a lot of variables that can make a huge difference when you are trying to feed, clothe, house and educate your children. Don't sell yourself short when negotiating child support. Many people are not aware of all the other forms of income that the courts will include when calculating child support.
More FAQs to be added very soon.
If you'd like to see a generic Kentucky divorce question addressed here, send us your question. Specific questions cannot be answered here, but if your question has potential widespread interest, we will try to respond on this page.
