Understanding the Steps of Divorce

04 - understanding the steps of divorce

The person who submits a divorce lawsuit in Kentucky is known as the Plaintiff. The other spouse, known as the Defendant, is subsequently served with the Complaint by the Plaintiff. After being done, the defendant has 35 days to respond to the complaint. The defendant may submit an Answer, an Answer, and Counterclaim, or a Notice of Appearance in Kentucky.

#1 The Submission of the Case Information Statement in a Kentucky Divorce

The filing of Case Information Statements by the parties is needed. Each party declares their income, spending, obligations, and assets in Case Information Statements. One of the most significant papers submitted in a divorce proceeding in Kentucky is this one. It is used to identify difficulties with interim and permanent assistance. Additionally, it is used to divide the parties’ assets.

#2 Pretrial Motions in KY

Following the filing of the complaint, the parties have the option to make prejudgment motions. One party may ask the court to order them to pay pendent lite (temporary) child and spousal support in pretrial motions.

A parenting time plan and interim custody of the kids may also be established via the actions above. Support and custody orders made before a trial are valid until the judge issues a final judgment or an order canceling or changing them.

#3 Discovery and the Case Management Conference in a Kentucky Divorce

The court holds a case management conference. Attendance is necessary from both parties and their divorce attorneys. The judge will determine a discovery period at this scheduled hearing. The parties share information required to settle the matter during the discovery phase. The court will give the parties dates to serve and respond to interrogatories, turn in documents, and arrange for the appraisal of their natural and personal property.

When custody or visitation is a concern, the Court may order and appoint dates for assessments of the parties and the children. The court will further order the parties to participate in mediation regarding custody and visitation if these issues are in disagreement.

#4 The Early Settlement Panel and the Kentucky Divorce Court

After the discovery phase has concluded, the Court will direct the attorneys for the parties to make their case before a Settlement Panel. Two or three seasoned matrimonial lawyers offer their time to serve on a Settlement Panel, which hears the parties’ cases. The only thing a Settlement Panel does is help the parties work out their financial problems. A Settlement Panel does not support the parties in resolving custody or visitation disagreements.

The control above and visitation mediation are intended to try to settle such disputes. After evaluating the settlement alternatives put up by the lawyers for the parties, the Settlement Panel will provide a non-binding recommendation on resolving the conflict.

#5 Mediation and Divorce in Kentucky

After the discovery phase has concluded, the Court will direct the attorneys for the parties to make their case before a Settlement Panel. Two or three seasoned matrimonial lawyers offer their time to serve on a Settlement Panel, which hears the parties’ cases. The only thing a Settlement Panel does is help the parties work out their financial problems.

A Settlement Panel does not support the parties in resolving custody or visitation disagreements. The aforementioned custody and visitation mediation is intended to make an effort to settle such disputes. After evaluating the settlement alternatives put up by the lawyers for the parties, the Settlement Panel will provide a non-binding recommendation on resolving the conflict.

#6 Settlement Conference and Trial in Kentucky 

Before the trial date, a settlement meeting with the Family Law Division Judge will probably be required. If the parties cannot settle, a trial will occur before a judge. The Judge will order the legal papers describing all arguments to be prepared and submitted by the party’s counsel. The judge will give a ruling after the trial Judgment of Divorce on child support, alimony, asset division, custody, and visitation.

Please note that at any point throughout the procedure above, the parties may agree to a Final Settlement Agreement to settle all outstanding matters. If they proceed similarly, their attorneys will contact the court and establish a date for the divorce to be finalized. To book a free first appointment with a Paducah Divorce Lawyers, contact our office at (270) 201-7776.