If you’re starting the divorce process in Kentucky, you’ll likely hear the term “Petition” right away. But what exactly is it?
A Petition is the legal document that starts your divorce case. It is filed with the court by the person initiating the divorce, the Petitioner. The other spouse is called the Respondent. In Kentucky, either spouse can file for dissolution of marriage as long as one has lived in Kentucky for enough time.
What’s in a Petition?
The Petition outlines the basic facts and requests about the divorce. It must include:
“(a) The age, occupation, Social Security number, and residence of each party,
provided in accordance with KRS 403.135, and his length of residence in this
state. If domestic violence and abuse, as defined in KRS 403.720, is alleged
by either party, the party filing the petition shall certify the existence and
status of any domestic violence protective orders. The party filing the petition
and alleging the abuse may substitute the party’s attorney’s address as the
address of the party and any minor children;
(b) The date of the marriage and the place at which it was registered;
(c) That the parties are separated and the date on which the parties separated;
(d) The names, ages, Social Security numbers, and addresses, provided in
accordance with KRS 403.135, of any living infant children of the marriage,
and whether the wife is pregnant;
(e) Any arrangements as to custody, visitation, and support of the children and the
maintenance of a spouse; and
(f) The relief sought.”
KRS 403.150(2).
It doesn’t have to spell out every detail right away. Think of it as the document that “gets the ball rolling.” More detailed information and supporting documents usually come later in the process.
What Happens After It’s Filed?
Once the Petition is filed, it must be formally served on the other party. This is what starts the court timeline.
Filing a Petition doesn’t mean your case will go to trial. Many cases reach agreements in mediation. But filing the Petition gets the case started.
Do You Need an Attorney to File a Petition?
You are not required to have an attorney to file a Petition in Kentucky, but working with an experienced family law attorney can help protect your interests from day one.
Whether you are considering filing a Petition or have just been served with one, it is important to understand what it means. The Petition is the start, not the finish. A good attorney can walk you through the steps and help you plan your strategy based on your specific goals and situation.