Facing a divorce is hard enough, but when your spouse won’t participate, it adds another layer of stress to an already difficult time. You might feel stuck as deadlines pass and your paperwork goes unsigned.
Kentucky family courts see this situation often and have created solutions to help people just like you. Even with an unresponsive spouse, you can still move forward with your divorce through a process called default judgment.
How default divorce works in Kentucky
When your spouse ignores your divorce case, Kentucky law offers a clear path forward that protects your rights. Here’s what this process typically involves:
- Service of process: Your spouse must receive proper notification about the divorce through certified mail or personal delivery by a sheriff or process server.
- Waiting period: After serving the papers, Kentucky law gives your spouse 20 days to respond before you can take next steps.
- Required documentation: You’ll need to gather proof that your spouse was served, prepare financial information and suggest how property should be divided.
- Court hearing: A judge will review your case and might ask questions about how you want to split assets and debts.
Remember that even without your spouse’s input, courts still aim for fair outcomes rather than simply giving you everything you ask for.
Special considerations for your situation
Your specific circumstances will shape how your default divorce unfolds in Kentucky. Be aware of these important factors:
- Judges expect honest and complete financial disclosures even when your spouse isn’t participating
- If you have children, you’ll need additional paperwork focusing on their best interests
- Child and spousal support calculations still follow state guidelines despite missing financial information
- Complex property situations become trickier when your spouse won’t provide details about assets
Working with a family law attorney who understands Kentucky default divorces can make this challenging process much more manageable.
Kentucky courts try to balance moving cases forward with ensuring fair outcomes for both parties. While your divorce can proceed without your spouse’s cooperation, judges still require thorough information and reasonable proposals before finalizing your case.
