How Long Does a Divorce Take in Kentucky?
If you have decided to initiate a divorce process or have been served with divorce papers, it is natural to have questions. Among these, a frequently asked concern is the timeline for divorce proceedings in Kentucky. In the following guide, we will thoroughly explore this question and provide further information about the legal options you have.
Factors That Impact Divorce Timelines
The time it takes to finalize a divorce in Kentucky depends on several factors, such as whether the divorce is contested or uncontested, the presence of minor children, and the availability of dates on the court’s calendar.
A Contested Divorce
In an uncontested divorce, also referred to as a “divorce by agreement,” both parties have reached an agreement on the division of property and debts. Additionally, if they have minor children, they have also agreed on all matters concerning the children and any other remaining issues of the divorce action. Uncontested divorces typically proceed more quickly, entail less stress, and incur lower legal fees than contested divorces. The challenge with uncontested divorces is that both parties must agree on all divorce-related issues.
On the other hand, a contested divorce follows the traditional route and occurs when there is at least one issue on which the parties cannot agree, requiring the judge to act as a tiebreaker. Contested divorces may involve discovery, motions, hearings, and mediation, and they tend to be lengthier and more costly than uncontested divorces.
Pregnancy
If a wife is pregnant when a divorce petition is filed, it is customary for courts in Kentucky to delay finalizing the divorce until after the pregnancy has concluded or the child has been born. This practice is in place to ensure that appropriate child support arrangements can be made and to safeguard the child’s best interests.
Military Spouse
If one of the spouses is serving in the military, the divorce proceedings may be prolonged due to the Servicemembers Civil Relief Act (SCRA), which permits active-duty military members to request a “stay” of the divorce process. This provision is designed to accommodate the unique circumstances faced by military personnel and may impact the timeline for finalizing the divorce.
Cooperation
The level of cooperation between the involved parties and their respective legal counsel can significantly influence the duration of the divorce proceedings.
Mandatory Separation Period
In Kentucky, there is a legal stipulation that mandates couples seeking a divorce to undergo a period of separation, known as a “cooling-off” period, lasting a minimum of sixty days before the divorce can be finalized. This separation can take the form of physically living apart or refraining from intimate relations for the prescribed duration. However, it is essential to understand that while one spouse can initiate the divorce proceedings before the completion of the sixty-day period, the divorce decree cannot be granted until the entire sixty days of separation or abstinence have transpired.
The Court’s Calendar
The court system is often inundated with a high volume of cases, leading to a shortage of available judges to preside over hearings. As a result, a divorce case may experience delays before it can be heard. Furthermore, in instances where the family court system is dealing with a backlog of cases, the divorce proceedings are also likely to be prolonged.
Contact Hoffman Walker & Knauf Today To Learn More About the Divorce Process
Navigating through a divorce can be an emotionally taxing process, often leading to intense disputes. The situation becomes even more complex when children are involved. Skillful negotiation is crucial to reach a settlement that prioritizes the well-being of everyone affected, allowing you and your children to start afresh.
If you are considering divorce and want to learn more about timelines and the process involved, contact Hoffman Walker & Knauf today to discuss your legal options.
