A divorce begins with the filing of a Petition and two state forms called a VS-300 and case data sheet.  In the Petition and state forms, certain basic information about the parties, their children, and the marriage are provided.  The spouse is served the Petition by certified mail or by sheriff and he or she has 20 days to answer the Petition, by admitting or denying the information and providing any additional information he or she may want to provide. 

In Louisville and most surrounding Kentucky counties,  both parties have to fill out a detailed financial disclosure statement to provide information about all the parties' assets and debts.  This is still true even if the parties are going through an uncontested divorce, although in such cases, one party typically provides the information and the other party agrees with the information provided.  Information as to where any children of the marriage has lived for the past 5 years must be provided and the Petition must state if there has been domestic violence between the parties.

Lawyers may conduct discovery on the opposing parties and bank records, retirement accounts may be scrutinized.  In Louisville, if the parties cannot reach an agreement on the divorce by themselves, the Court appoints a mediator and th parties and their lawyers meet with the mediator to try to reach an agreement in what is called mediation.  In the Kentucky counties surrounding Louisville, mediation may not be required, but it is still a commonly practiced and growing trend.  Mediation, while not cheap, is still far less costly, much quicker, and less adversarial than a final divorce hearing.

Prior to a final divorce hearing, temporary motions for such things as child custody/visitation, child support, alimony/maintenance, and possession of the marital home may be filed by either party.  If child custody/visitation is a contested issue, the Court may appoint a custodial evaluator to evaluate the children and the parties.  Such evaluations are expensive and can cost over $5,000.  If the parties do not have the resources to pay for a custodial evaluation, the Court may appoint a guardian ad litem to talk with the child, his/her teachers, etc., but this still may cost the parties several hundred dollars. 

An uncontested divorce in Louisville can be done in less than a month (60 days if children are involved) although it may take somewhat longer in surrounding Kentucky counties.  A contested divorce can take up to a year and sometimes longer to complete.

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