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Kentucky Divorce Questions & Answers
1 Answer | Asked in Divorce for Kentucky on
Q: Thanks Timothy for always answering so quickly.

If I can get my spouse to sign the marital agreement instead of trying to serve, how soon will the divorce be final?

Timothy Denison
Timothy Denison
answered on Mar 28, 2022

He will also have to sign an entry of Appearance along with the settlement agreement.

1 Answer | Asked in Child Custody and Divorce for Kentucky on
Q: Can custody be resolved separately from divorce in another state?

Custody order is being resolved in SC. Am I allowed to file just the divorce part in another state where I reside? South Carolina has jurisdiction over my kids.

Timothy Denison
Timothy Denison
answered on Mar 28, 2022

Yes.

1 Answer | Asked in Divorce for Kentucky on
Q: Thanks Timothy. So if he's not served before the Judge reviews, what will happen? if he is served, do I have to wait?
Timothy Denison
Timothy Denison
answered on Mar 28, 2022

Nothing will happen at all, review or not, until he is served. The case cannot proceed until he is served!!

1 Answer | Asked in Divorce for Kentucky on
Q: If the divorce papers are left by the door, is that considered served? Is a signature required?

My judge is reviewing my case April 8th. I'm still trying to get my husband served. What should I do? What more proof does the judge need ? I have text messages showing he refused to pick up the papers at the post office. I wish I could just turn in the Marital Agreement. I'm not asking... Read more »

Timothy Denison
Timothy Denison
answered on Mar 28, 2022

No. Leaving the papers on the door is not service. A signature is not required (unless by mail), but they do have to be handed directly to him. May need a special bailiff to serve him properly.

1 Answer | Asked in Divorce for Kentucky on
Q: Divorce

How many attempts do I need to make to serve my spouse? Will I eventually have to file a Warning order or can I file default judgment?

Timothy Denison
Timothy Denison
answered on Mar 28, 2022

Until you get him served. He had to be before the court in order for you to file a motion for default judgment if he didn’t answer.

1 Answer | Asked in Child Custody, Divorce and Family Law for Kentucky on
Q: Hi my husband was arrested two yrs ago for dv in front of kids he was awarded temp custody of children how is that

I wasn't proved unfit and passed 3 drug screens I need to speak to Kenton county KY lawyer

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

No way to answer this without a thorough review of the file.

1 Answer | Asked in Divorce, Employment Law and Libel & Slander for Kentucky on
Q: Is it legal for HR at my employer to disclose time records and personal information?

I am going through a divorce, and have had to take an excess of personal time off while taking care of things, my wife, who has a friend that works for the same hospital, contacted her an was given copies of my "call ins", and schedule in an attempt to threaten me. Is the hospital liable... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

They may be liable for these disclosures.

1 Answer | Asked in Divorce for Kentucky on
Q: just went through a divorce my ex didnt get anything my question does he have the right to sue me for what he thought h

he thought he was enetiled to

Timothy Denison
Timothy Denison
answered on Mar 20, 2022

No. He does not.

2 Answers | Asked in Child Custody and Divorce for Kentucky on
Q: If my ex-husband got divorced without my knowledge and I am trying to vacate it just for child custody could I get

Remarried before that hearing

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Mar 20, 2022

You should speak with a Kentucky lawyer. Your question is not clear. If a divorce was obtained without your knowledge then perhaps it did not address the issues of custody or property and you can address them by filing motions within the case. Since its not possible to answer your question... Read more »

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1 Answer | Asked in Criminal Law, Divorce and Family Law for Kentucky on
Q: Is there a way I can let the judge know this man is capable of much worse. He kidnapped me from my front yard with a gun

Nothing else necessary.

Timothy Denison
Timothy Denison
answered on Mar 18, 2022

You can do that in open court with your husband present. You cannot have one sided (ex parte) contact with the judge.

2 Answers | Asked in Divorce and Tax Law for Kentucky on
Q: My divorce was final Dec 2020. We filed joint taxes on the 2020 return. My ex called and asked for a copy.

I assume I'm legally obligated to give her a copy? Sorry, I just have no trust in her intentions.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 7, 2022

Yes, since you and your ex filed a joint return in 2020 she is entitled to see a copy because it involves her.

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Kentucky on
Q: Temporary exclusive order

I left our home because it was toxic, all my things are still there. Just talking between the 2 of us I told him I’d let him have the house, but I wanted whatever the court decided was my “portion”. He went behind my back and I just got sent a “temporary exclusive use and house... Read more »

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Feb 26, 2022

If you say he went behind your back you may have grounds to file a motion to set aside this order if it is an order, you say it is a letter is it only a demand from his lawyer or an order signed by the judge? You can file a motion to reconsider/set aside 10 days from the date of the order. You... Read more »

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1 Answer | Asked in Divorce for Kentucky on
Q: What if I don’t have the funds to afford a lawyer right now?

My husband has filed for divorce and I’ve been served papers, but what if I don’t have the funds to hire an attorney at the moment? He was always our main source of income and I stayed home a lot during our marriage.

Timothy Denison
Timothy Denison
answered on Feb 14, 2022

Find a lawyer who will petition the court for a advance of attorney fees from your ex. This is routinely done where there is a disparity of income between the spouses.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: I left my husband and let him stay in the home that is in both names, i have no job, can he cut off finances?

My husband and I both agreed it would be for the best that we separate. I left him in the house because his family lives in GA and he would have nowhere to go so I live with my brother. When I first moved in I had no job because I stayed with our son. Is he legally allowed to cut off all finances... Read more »

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Feb 12, 2022

He should not be able to do that however until you file you will have a hard time enforcing your rights. More information is required or answer your question. Once a divorce is filed in Kentucky he would be prohibited from doing that. To protect your rights file for legal separation or for... Read more »

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1 Answer | Asked in Divorce for Kentucky on
Q: What is the procedure to file for a separation of marriage , in Harrison county Kentucky? cost and so forth

my wife is in a nursing home in Georgetown,Kentucky, because of a second stroke she has had, she was at home when she had this last stroke, I have been her only caretaker since she can't take care of herself, our marriage has been over roughly 2 years before her first stroke we have not slept... Read more »

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

You file a petition for legal separation in the circuit court in the county in which you reside.

1 Answer | Asked in Divorce for Kentucky on
Q: In Kentucky can I get Alimony in a 21 year marriage that my husband and I have lived separately for 6 months?

He earns 70,000 a year. I am on disibility and take care of our special needs son. I did start dating someone about a month ago. Can I get Alimony?

Timothy Denison
Timothy Denison
answered on Feb 2, 2022

Possibly. See my previous answer.

1 Answer | Asked in Divorce and Child Support for Kentucky on
Q: I am a 51 year old woman with a 15 year old son with Aspergers. I have been a stay at home mom for 15 years.

I am on disibility. Today I went to KY legal aide in my area to get a retainer to file for divorce from my husband of 21 years. We were both miserable in the marriage and he moved out 6 months ago. He makes 70,000 a year. I was told today that I shouldn’t even bother filing for... Read more »

Timothy Denison
Timothy Denison
answered on Feb 2, 2022

That does not sound accurate. You might want to check with a private lawyer before you accept that.

1 Answer | Asked in Divorce and Real Estate Law for Kentucky on
Q: What is considered abandonment of a house?

Me and my wife are going through a divorce. She moved out of the house that we lived in about 3 1/2 four years ago. I still reside in the house and I have been keeping up with the upkeep and maintenance this entire time. She has not made a mortgage payment which is in her name only for the past... Read more »

Timothy Denison
Timothy Denison
answered on Jan 31, 2022

There is no abandonment in this case. You have an agreement. You split the sale proceeds. You get half. She gets half. If the nonpayment was not addressed in the property settlement agreement, then it has to be divided equally.

1 Answer | Asked in Divorce for Kentucky on
Q: I am on SSDI and my husband is thinking about retiring. If we were divorced would I be eligible for more benefits

It would be no contest and we would stay living together in our home that is in his name.

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

No, but it might be fraud.

2 Answers | Asked in Divorce for Kentucky on
Q: Can I get a divorce changed to an annulment because my ex husband tricked me into marriage and I didn’t know he was impo

I didnt Know he was impotent before we were married. He said we would travel and he wanted to take me so many places. He didn’t. He treated me like a maid instead of a wife. He filed for a divorce without asking me and two policemen brought the papers to my front door. We promised each other we... Read more »

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Jan 14, 2022

You can file a response and a counter-petition requesting an annulment. Impotence is probably a good ground on which to base a request for an annulment. However, strict statute of limitations typically apply in annulments. Consult with a lawyer.

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