Filing a divorce petition is first step in ending a marriage

On Behalf of | Jul 27, 2018 | Firm News |

You may be beyond ready to get a divorce and finally move on with your life. However, when it comes to knowing what step to take first, you may find yourself at a standstill.

The first step you need to take is to file your divorce petition in court. Here is a glimpse at what the divorce filing process entails in Kentucky.

What is the purpose of the divorce petition?

The divorce petition essentially tells the court that you are ready to end your marriage. After the divorce court has received your petition, the petition must be delivered to — or served on — your spouse. The service process informs your spouse that you have initiated the marital dissolution process.

What do you need to include in the divorce petition?

You can include the following pieces of information in your divorce petition:

  • Where and when you got married
  • Both your and your spouse’s names and home address
  • Who your shared children are
  • The reason for your divorce

In addition, you must acknowledge that you and/or your spouse have resided in the state for six months prior to your divorce petition filing. You will also use the divorce petition to spell out how you desire to settle divorce issues such as child custody and visitation, finances and asset distribution.

Can you request temporary court orders, too?

The answer to this question is yes. Along with the abovementioned information, you can ask that the court establish a temporary order regarding a certain financial or family issue while you are proceeding through the divorce. Here are some issues you could address in a temporary order:

  • How you would like to handle child support payment
  • How you wish to handle financial matters, such as who pays which bills
  • Who will have physical custody of your shared child (with whom the child will live during the divorce process)
  • How you would like to handle child visitation for the other parent
  • Your wishes regarding spousal support payment
  • Who will reside in your primary residence

If the court approves your request and issues a temporary order, you can expect the order to remain in effect through to the finalizing of your divorce. In every stage of the divorce proceeding, from the filing of the petition to the addressing of divorce issues, you have the right to pursue the most personally favorable outcomes given the circumstances surrounding your marital dissolution.