You will barely find a couple who can say that ending a marriage is easy. Apart from emotional and financial toll, spouses also have to deal with a great number of things before they can end their marriage. If you are planning to file for a divorce in Whitley County but don’t know where to begin, read this article to find out all the steps you’ll have to take to cope with it as fast as possible.
Steps for Filing a Divorce in Whitley County
In order to file for divorce in Whitley County, you will have to do the following:
1. Understand the type of your marriage dissolution
In Kentucky, you cannot file for divorce based on the “fault” of the other spouse, like if they cheated or were incarcerated. However, your divorce may either be contested or uncontested.
- Contested dissolution of marriage.
- If you and your spouse cannot agree on who will have custody, how to divide your assets, and other important things in your divorce, you cannot have it finalized until these disagreements are resolved. If you cannot reach a consensus out of court, you will need to hire lawyers who will help you get a fair resolution in court.
- Uncontested marriage dissolution.
If you and your spouse reach an agreement on asset and property division, custody, alimony, and other aspects you find crucial when divorcing, you can get an uncontested divorce. This means that you have more divorce options, which are generally cheaper and faster. You can hire a lawyer, do everything yourself, or get help from an online service.
The type of marriage dissolution you can file for will determine how the whole legal process will go.
2. Check if you meet the residency requirements
According to Kentucky laws, in order to file for divorce, you or your spouse must still live in and be a resident of the state for 180 days. Otherwise, the court won’t be able to make certain crucial decisions in your case.
3. Prepare your paperwork
If your case is contested or you decide to hire a lawyer in an uncontested case, they will prepare the forms and handle the next steps. In case you are filing for an uncontested dissolution of marriage and do not wish to work with an attorney, you will have to find the necessary paperwork on your own.
The number and the type of forms you’ll require depend on the case specifics, like whether you have children, require alimony, and plan to divide assets or property, etc. After you find the ones you need, you will have to fill them out very attentively, providing accurate information about your agreements. If you don’t know how to choose and fill out the Whitley County divorce papers, you can always order your packet of forms from our service for a set rate of $139.
4. File the papers
As soon as you prepare your paperwork, you will have to print and sign it. Some papers should be signed in front of a notary, so be sure to look out for the respective fields on them. Finally, you must file the forms with the Whitley County Circuit or Family Court if this is where you or your spouse reside. You will also have to pay a court filing fee for divorce, which ranges from $120 to $250. You can waive the costs if you have financial difficulties and can prove it to the court in the Motion for Waiver of Costs and Fees.
5. Serve your spouse
After filing, you will have to send copies of the papers to your spouse unless they waive the service. In Kentucky, you can serve the paperwork with the help of a county sheriff or a professional process server. Alternatively, you can ask the clerk to send the forms via certified mail with a return receipt requested.
Please note that you will need to pay for the process of service, and the price will vary depending on the method you choose. Your spouse will have 20 days to respond, and if they don’t, you will have to proceed in default without them.
6. Attend the final hearing
First of all, you will have to contact the court clerk to find out the date of your hearing. On this date, you have to be present together with your spouse so that the judge can ask you some questions. They will also review your paperwork and finalize your divorce if you have a clear uncontested case. In contested cases, there will be a trial, which a lawyer will help you navigate. Note that there is a 60-day separation period required before the court can grant you a divorce.
What Whitley County Papers Do I Need to File for Divorce
Here is the list of the most common Whitley County divorce forms that must be filed:
- Petition for Dissolution of Marriage
- AOC-105 Summons
- AOC-FC-3 Case Data Information Sheet
- Answer or Waiver of Service
- Entry of Appearance and Waiver
- Certificate of Divorce or Annulment
The set of both mandatory and optional forms you need to use depends on whether you have children, your agreements, and requests you’d like to make with the court. If you are unsure, we offer a divorce kit with forms and instructions that you can get by answering a few questions.
Where to File for Divorce in Whitley County
You can file the paperwork in a Whitley County divorce court, which will be either a Family or a Circuit court. We have compiled the list of courts in Whitley County for your convenience, which you can find below. Please note that you can file either in your county or in one where your spouse lives.
| District Court | Address |
|---|---|
| Whitley County | Whitley County Judicial Center, 125 Main Street, Williamsburg, KY 40769 |
Divorce Attorney Whitley County Vs. Online Divorce
If you file for an uncontested marriage dissolution but still need some help with the forms, you have two main options to choose from: hire a lawyer or order the paperwork from an online divorce provider. Here are the details you need to know about both:
|
Hiring a lawyer |
Filing for divorce online |
| The average divorce lawyer’s cost in Kentucky is approximately $350 per hour. Document preparation takes at least a few hours. | A full packet of court-approved forms will cost you only $139, even if you file for a divorce with children. |
| There may be a few meetings with a lawyer – you will have to match your schedules somehow. | You can take a quick questionnaire from any place and anytime and get your paperwork in just a few days. |
| A lawyer can take care of the divorce steps for you, with an average cost amounting to $5,500. | With the filing instructions you receive, you will be able to take all divorce steps on your own, only paying the court fees. |
Jason Mendez is a respected author and former marriage counselor. With a degree in Counseling Psychology, he practiced as a family therapist for over 15 years, acquiring profound insights into the complexities of marital dissolution. For the last few years, Jason has been an avid writer, advising individuals navigating through divorce. His empathetic yet practical approach shines through his work, helping people face the challenges of divorce with resilience and optimism.
