In the majority of divorces, both parties acknowledge that their union is over. Prior to reaching an agreement or reaching a judicial decision regarding issues like property division, child custody, alimony, and child support, divorces cannot be granted. What can you do, though, if just one partner wishes to end the marriage?
Reasons Why One Spouse May Want to Divorce the Other
The fact that they have children and one spouse feels it would be best for the children if they remained married is only one of the many reasons why only one spouse may want a divorce. Another reason a couple can decide to stay together is for financial gain, or because they still like their spouse and want to keep their union intact.
It’s crucial to realize that getting a divorce does not necessarily need that you and your husband to agree on everything. A disputed divorce is still an option for spouses who cannot agree, even though it is frequently less contentious and time-consuming when both parties are on the same page during the divorce process.
Divorce: Fault or No-Fault?
Kentucky divorce law recognizes both fault-based and no-fault grounds for divorce. If there has been an “irretrievable breakdown of the marriage” for at least six months, you may file for a no-fault divorce in Kentucky. After entering into a separation agreement and residing apart for at least a year, spouses may also seek a divorce.
In a fault-based divorce, one spouse must show the other was at fault for the union’s dissolution. The following grounds for divorce based on fault are accepted by Kentuckyk’s courts:
- abandonment for a year or longer
- cruelty (including mistreatment of the body and mind)
- three or more years behind bars
You will serve divorce papers on your husband once you file on the basis of fault. Even if they disagree with the divorce, your spouse cannot refuse to be served. Your partner will then have 30 days to reply to the complaint. If they don’t, you can ask the judge to divorce you automatically.
Can I Get Divorced Even if I Can’t Find My Spouse?
Even if you can’t find your spouse, you can still apply for divorce. First, you or your lawyer must use reasonable diligence to track down and serve your spouse. You can submit a Motion for Alternate Service of Process if you are still unable to locate your spouse. Frequently, the court will give permission for a summons to be published, requesting that your spouse appear and give a response. Your spouse has 30 days from the final publication date to answer the summons, which must last for 28 days. If they don’t, you can automatically file for divorce. You might need assistance understanding and filing these forms from an experienced divorce lawyer.
Consult a divorce lawyer about your options.
Going through a divorce can be difficult, particularly if you and your husband do not agree on the terms of your separation. Fortunately, if your spouse is being uncooperative, you do have legal options. A committed attorney could be of great help to you at this time, defending your rights and prioritizing your interests. Make a call right away to begin.