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Hoge Partners, PLLC

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Louisville, Kentucky 40202

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Phone:  (502) 583-2005

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What Happens in a Divorce Action?

Every divorce action is different and unique. Every marriage has its own special circumstances. We can't address your unique situation, but the documents accessible below will be useful to you in understanding the general process common to many divorce actions undertaken in the Commonwealth of Kentucky.

In a nutshell:

  • One of the parties files for divorce (the "Petitioner", who files a "Petition")
  • The other party is served with the Petition and must respond (the "Respondent", who files a "Response to Petition")
  • One or both of the parties can "get the ball rolling" by filing one or more motions regarding child custody, child support, maintenance, maintaining the status quo, controlling the behavior of the other party, making sure the parties' joint bills are paid, etc.
  • The parties are each required to file their respective Verified Disclosure Statements
  • Additional "discovery" may be required (interrogatories, requests for production, requests for admission, taking of depositions, etc.)
  • If the parties are able to negotiate or mediate a settlement, a settlement agreement is drafted, reviewed and eventually approved by both sides.  Once executed, it is filed with the Court.
  • If there are minor children involved, both parties and the children will be required to participate in Families in Transition or "divorce education" classes.
  • If there are minor children involved, there is a 60-day waiting period before a divorce decree can be entered.
  • One of the parties (usually the Petitioner) files "proof" with the Court restating the facts of the marriage and the settlement along with a proposed Decree of Dissolution.
  • If approved by the Court, the Decree is entered (that's the official date of the divorce) and the parties' settlement agreement is "incorporated by reference" or made a part of the Decree, which makes the settlement agreement enforceable as an order of the Court.
  • After the Decree is entered, there are a number of actions which often need to take place -- executing a Quitclaim Deed giving up any interest in real estate, the drafting and submission of a Qualified Domestic Relations Order to divide up pensions and retirement benefits, bank accounts need to be closed, car registrations need to be transferred, name changes need to be put in place on drivers licenses and with the Social Security, etc.

The Jefferson Family Court

The Jefferson Family Court has produced an informative flow chart explaining the steps required to be completed in an action for dissolution of marriage (divorce).

Includes an explanation of the Mandatory Case Disclosure process, obligatory mediation, Case Management Conference, Trial Memorandum, etc.

Jefferson Family Court's Dissolution Flow Chart (PDF)

American Academy of Matrimonial Lawyers

The American Academy of Matrimonial Lawyers (the "AAML") has produced a tremendously useful Divorce Manual , which is intended for use by Family Law clients to help them understand, in very general terms, the divorce or marriage dissolution process.

AAML Divorce Manual - A Client Handbook (PDF)


Return to our main Custody & Visitation page to learn more about child custody, visitation and parenting schedules