Divorce is not an easy decision to make, especially when you have minor children. It can be a challenging and emotional process that involves a lot of legalities and paperwork, so it is important to know how children affect uncontested divorce in Kentucky. Divorcing couples with minor children must abide by an additional legal requirement that affects the divorce process.

The 60-day Waiting Period

If you and your spouse have at least one child under the age of 18, the divorce will start the same as every divorce in Kentucky. However, there is a 60-day waiting period required by Kentucky law (KRS 403.044). During this 60-day waiting period, the court cannot grant the divorce. Once 60 days go by, the parties can take the necessary steps and the court can then sign the order granting the divorce.

Why is there a 60-day Waiting Period for uncontested divorce in Kentucky?

The 60-day waiting period ensures that the parties have time to address any issues involving their minor children. Courts want both parties to have enough time to make any necessary changes or adjustments or to reconsider their decision to divorce.

Two types of cases in the past caused this requirement to go into law. First, courts saw that recently-divorced couples quickly had a change-of-mind and returned to court. Many times children did not want their parents were divorcing. Admirably, a lot of couples wanted to work things out. This happened many times, and the legislature took action.

Second, courts also knew that it was important to slow down the process to protect the best interest of children. Perhaps one spouse unfairly pressured the other spouse into making a decision that needed more time. If parents rushed a decision to divorce, it was possible that what was best for the children was being overlooked.

Therefore, courts wanted the parties to have time to address any issues involving their minor children. The 60-day waiting period has been in effect for several decades.

What should you expect in an uncontested divorce with children?

The good news is that this 60-day waiting period only affects the length of time that you have to wait between the filing of the uncontested divorce and when the judge grants the divorce. When our law firm files an uncontested divorce with children, we file the necessary paperwork to start the 60-day clock running. We then inform you of what day the 60-days will end. Once the 60-days are over, we file the rest of the necessary documents with the court. The judge will then consider your case and hopefully grants the divorce within a few days.

Get started with your $400 Uncontested Divorce today!

Our firm charges $400 plus the filing fee to handle an uncontested divorce in Kentucky. You can start here on our website. We also have a detailed question-and-answer section to help educate you on the process.

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