How To Respond to Divorce Papers in Kentucky
If you have been served with divorce papers in Kentucky, it is important to understand that you must take specific steps to participate actively in the divorce proceedings. If you fail to act, your spouse may be able to get a final divorce without you. To better understand this process and what it entails, in the guide below, we will review what you need to know about obtaining a divorce in Kentucky, including how to respond to the divorce petition.
Review the Divorce Papers
When you receive the divorce complaint, it will outline the specific requests of the petitioner, the spouse who filed for divorce. Start by carefully reading through the entire complaint. As you do this, assess whether you agree with the assertions made in each paragraph—this could be some, all, or none of the claims. Next to each paragraph, clearly note your agreement or disagreement. This exercise will help you gain a better understanding of the issues and prepare for the next steps.
If you find that you are in complete agreement with everything your spouse is asking for in the complaint, you may not need to take further action. In that case, your spouse can request a default Divorce Decree, which reflects their initial requests as outlined in the complaint. However, if you disagree with even a single point in the complaint—regardless of how minor it may seem—it is crucial that you file a formal response. Failing to submit a response can ultimately result in the court granting your spouse’s requests without considering your perspective.
Speak To an Attorney and Prepare an Answer
Responding to a divorce petition confirms you have received the official documents related to the dissolution of your marriage. This includes both the divorce petition and the associated forms. As the respondent, your answers should thoroughly address the claims made by your spouse in the divorce petition. That is why, in your response, you will need to indicate whether you agree or disagree with each statement made by your spouse. This may involve providing detailed information about both spouses, the duration of the marriage, and any relevant circumstances that may have contributed to the decision to seek a divorce. In addition, the original petition may include specific requests from your spouse regarding child custody arrangements, the division of property and assets, alimony, spousal support, or spousal maintenance. It is critical to carefully review these requests, as they will significantly affect your rights and obligations after the divorce.
If you disagree with your spouse’s claims or proposed terms, you can present your perspective in your response. This may involve providing evidence or rationale to support your position. Your response may also include a counterpetition for dissolution of marriage. A counterpetition allows you to express your own desire for a divorce while also stipulating different reasons for the divorce and potentially proposing alternative requests. For instance, some common issues to address in a counterpetition may include custody arrangements that you deem more suitable, a different proposal for property division, or variations in spousal support terms. However, to better grasp what this response should encompass, it may be beneficial to consult an experienced Kentucky divorce attorney for assistance.
Need Help Responding To Divorce Papers? Contact Hoffman Walker & Knauf Today
In Kentucky, not only is there a limited timeframe for responding to divorce papers, but many individuals also struggle to understand these documents when they initially review them. If you need help with the divorce petition or guidance on how to respond, contact Hoffman Walker & Knauf today to discuss your questions with an experienced and knowledgeable Kentucky divorce attorney.
