who pays attorney fees if filing for divorce in kentucky

by Catharine Lehner DVM 8 min read

Divorce Filing Fees and Typical Attorney Fees by State

State Average Filing Fees Other Divorce Costs and Attorney Fees
Kansas $ 400 Average fees: $8,000+
Kentucky $ 148 (without an attorney), $ 153 (with ... Average fees: $8,000+
Louisiana $ 150 to $250 Average fees: $10,000
Maine $ 120 Average fees: $8,000+
Aug 24 2021

Before you can file for divorce in Kentucky you must live in the state for at least 180 days. Will my spouse have to pay my attorney's fees? When couples in Kentucky are going through a divorce the parties typically have to pay their own attorney's fees.

Full Answer

Who pays the Attorney’s fees in a divorce?

The court will charge a filing fee of $113. You usually have to pay this fee in cash or by certified check or money order. You should check with your local court clerk’s office to find out your county's exact fee. If you cannot pay the fee for the divorce, you can ask …

How to get a divorce in Kentucky without an attorney?

Feb 22, 2022 · While the court charges a fee of $113 to file your papers, hiring a lawyer to handle your divorce can cost anywhere between $3,000 – $20,000 with the attorney fees of around $8,100. If you cannot pay the filing fees, you can fill out Form 8, which is a motion to proceed without paying due to poverty.

Do you have to pay to file for a divorce?

Feb 24, 2021 · If you are stationed at a Kentucky base, you must reside there for at least 180 days before filing for divorce, unless the spouse who filed first is a Kentucky resident. The grounds for military divorce are the same as they are for a civilian divorce in Kentucky. As a no-fault state, you only need to cite irreconcilable differences.

How does the Kentucky divorce process work?

The basic steps include: Fill out and file a divorce Petition and other required court forms. Take your original Petition plus a copy to the court clerk's office and ask to file them. (Also keep a copy for your records.) You will have to pay the clerk a filing fee, and a fee to serve your spouse a copy of the divorce papers.

Does it matter who files for divorce first in Kentucky?

The reality is that the Judge does not care who filed first, or even why the Petition was filed. Kentucky is a “no fault” state, so it does not matter why a person wants to get divorced.Aug 23, 2017

How much does an uncontested divorce cost in Kentucky?

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesKentucky$148 (without an attorney), $153 (with an attorney)Average fees: $8,000+Louisiana$150 to $250Average fees: $10,000Maine$120Average fees: $8,000+Maryland$165Average fees: $11,00048 more rows•Jul 21, 2020

How much does a divorce cost if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

Who pays during divorce?

The petitioner can ask for the respondent to pay their costs in a fault-based divorce, or in a 2-year separation case if they both agree.

What is the cheapest way to file for divorce in Kentucky?

LegalZoom's Online Divorce service is an inexpensive way to file for divorce if you and your spouse agree on most major issues. Otherwise, you can talk to an attorney for advice or help filing for divorce through the LegalZoom personal legal plan.Oct 27, 2021

How long does it take for a divorce to be finalized in Kentucky?

60 daysThe court can issue temporary orders as soon as the divorce is filed, but the actual divorce and final orders cannot be done until 60 days have passed since the date the divorce was filed. It could take longer than 60 days, depending on the issues of your case and the court's schedule.

Can you divorce if both parties agree?

You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why. ... If you agree on your divorce and the reasons why, getting a divorce legally finalised will usually take 4 to 6 months.

How long does a divorce take from start to finish?

A survey by Nolo.com found that the average time it took to complete a divorce from filing a petition to getting a final court judgment averaged about 11 months. Cases that went to trial took an average of almost 18 months to resolve.

How do I file for divorce in Kentucky without a lawyer?

You begin your divorce case in Kentucky by filing a Petition for Dissolution of Marriage with the Court. If you have no minor children, you can use Kentucky's interactive forms and file online. If you live in Jefferson County, you can download a Petition for Dissolution of Marriage online.

Do I have to pay my ex wife's bills?

Both spouses should continue to pay any household bills they were paying prior to their decision to separate. ... However, it is important to remember that any debts accumulated as a result of late repayments will reduce the overall matrimonial pot, and will potentially reduce the share available to both spouses.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private.Don't leave the house.Don't pay more than your share.Don't jump into a rebound relationship.Don't put off the inevitable.Oct 19, 2016

Is it better to be the petitioner or the respondent in a divorce?

A petitioner is a person who has initially asked for the divorce. The respondent is the spouse who has received the request. Though you may have amicably agreed to divorce, one of you needs to start the process. ... There is no advantage or disadvantage to being either the petitioner or respondent.Jan 29, 2020

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Can mediation over divorce save you litigation costs?

Mediation over divorce permits parties to work out their differences concerning finances and property division without litigation’s financial costs...

Do both spouses need to agree for mediation over divorce?

Mediation over divorce works only in situations where both spouses agree to mediate. Mediation permits parties to work out their issues with a qual...

Can I ask court to order spouse to pay attorney fees for divorce litigation?

You may ask the court to order your spouse to pay your attorney fees in some situations for the divorce litigation. While many courts do not requir...

How to keep attorney fees minimal in divorce litigation?

In some situations, you may agree with an attorney to proceed on a bundling or task-based billed basis while litigating over divorce. Bundled legal...

What are flat fees for attorneys in divorce cases?

Flat fees for attorneys enjoy popularity in simple divorces where the parties can reach solutions outside of court. Flat fees are similar to bundli...

Can I pay divorce lawyer from retirement account?

Most states permit a party to withdraw from 401ks or retirement accounts to pay a divorce lawyer. In states where applicable, ATROs prohibit the fo...

What do ATROs mean in divorce situation?

Most states have ATROs, or automatic temporary restraining orders that preclude parties from disposing of assets subject to divorce. The purpose of...

Is paying a divorce lawyer with marital assets ATRO violation?

Paying reasonable attorney fees with marital assets typically does not violate your ATRO.

Can family or friends help with loan for divorce litigation?

You may seek out the assistance of friends or family to request a loan of funds needed to pay for your divorce lawyer. Agreements specify the payba...

Can I use credit card to pay divorce lawyer?

While not always advisable, depending on your situation, you may apply for a new credit card and use the card to pay your divorce lawyer. Divorce p...

What is spousal support in Kentucky?

Kentucky Spousal Support. The court may award maintenance or alimony to you or your spouse for maintenance and support post the divorce. Spousal support is awarded on the basis of the financial conditions of you and your spouse.

How long do you have to live in Kentucky to get divorce?

Getting a divorce in Kentucky requires that you must have resided in the state for at least 180 days before filing for divorce. The petition for the dissolution of marriage should be filed in a county where either you or your spouse live.

Is divorce legal in Kentucky?

The grounds for divorce are not applicable in Kentucky anymore as Kentucky has been converted into a “no-fault state” by the state legislature. This means that there are no specific grounds required to file for divorce. The spouses filing for divorce must prove that the marriage is broken irretrievably.

How long do you have to be separated to get divorced in Kentucky?

To finalize the divorce in Kentucky, you must be separated from your spouse for at least 60 days. In the interim period, if you have children, the court may order your spouse and you to join a course on divorce education.

Is Kentucky an equitable distribution state?

The State of Kentucky is an “equitable distribution” state which means that all the marital property that you and our spouse have bought during the marriage will be divided equitably (not equally). Any property that the spouse had before marriage or has brought into the marriage will not be divided during the divorce.

What documents are needed to start a divorce?

You must have the following documents to start the divorce process: Petition for Divorce: To begin the process of dissolution, the petitioner should file: Form #1A: This is a petition for dissolution of marriage (without children under the age of 18 years). Form #1B: This is a petition for dissolution of marriage ...

How much does it cost to get divorced?

While the court charges a fee of $113 to file your papers, hiring a lawyer to handle your divorce can cost anywhere between $3,000 – $20,000 with the attorney fees of around $8,100. If you cannot pay the filing fees, you can fill out Form 8, which is a motion to proceed without paying due to poverty.

Does Kentucky have joint custody?

In 2018, the Governor of Kentucky signed a bill into law that declared separating parents will get joint custody of their children as a default. Kentucky is the first state in the country to create a “legal presumption” for joint custody in divorce proceedings.

What is the legal responsibility of both parents in Kentucky?

Both parents have a legal responsibility to provide care and pay for costs of raising a child in Kentucky. The state recognizes that both parents must provide for the well-being of any children, whether they are married or not.

How long does alimony last?

Generally, it is not supposed to last an indefinite amount of time, allowing only until the spouse can become self-supporting as soon as possible. Read: Everything You Need to Know About Alimony.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

Is Kentucky an equitable distribution state?

Kentucky is an equitable distribution state. In a divorce, courts will divide marital property fairly and equitably. But this does not mean that the assets will be divided exactly in half.

What is the bifurcation of marital status?

Bifurcation of marital status. Bifurcation of marital status essentially means dividing a divorce into two parts and is allowed in Kentucky. The first part satisfies the grounds for the divorce and allows the couple to legally get divorced. In Kentucky, all that needs to be cited are irreconcilable differences.

How long does child support last?

Child support payments are required until the child turns 18, or 19 if they are still in high school.

What is bad faith in divorce?

BAD FAITH/FAULT: A judge will also sometimes award attorney’s fees based not on the financial status of the party but on the basis of fault. Sometimes one side in a divorce case will engage in bad faith behavior that causes a case to drag out unnecessarily, causing the innocent spouse’s attorney’s fees to increase unfairly.

What is child custody?

Child Custody. Including enforcement or modification of support or custody orders. When a divorcing couple’s financial situation is not completely one-sided, courts will sometimes order the spouse with a larger income to pay a percentage of the other party’s attorney’s fees in proportion to each spouse’s income.

Does a good marriage end in divorce?

Although it may be true that “no good marriage ends in divorce,” it is just as true that the worthwhile process can be a strain both emotionally and financially. Not only are you dividing your assets, but each of side will have attorney’s fees for just about everything the divorce involves.

What is Nolo for divorce?

Nolo is in a unique position to gather information about what actually happens in divorce cases across the country. Thousands of people visit Nolo.com and other Nolo sites every day, seeking legal information about divorce and looking to connect with divorce attorneys.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Do I need an attorney for divorce?

Although most people would prefer to have an attorney by their side when going through a divorce, many also worry about how much this will cost. Even if you've called around or visited the websites of various divorce attorneys, you may still wonder if a lawyer is charging too much, or even too little ...

What are the rules for a divorce?

Most states have ATROs, or automatic temporary restraining orders that preclude parties from disposing of assets subject to divorce. However, most states permit a party to withdraw from 401ks or retirement accounts to fund a divorce. In states where applicable, ATROs prohibit the following: 1 Selling, transferring, or borrowing against property; 2 Borrowing or selling insurance held for the other spouse; 3 Modifying beneficiaries on retirement accounts and life insurance accounts; 4 Changing bank accounts; or 5 Destroying or hiding assets.

What is the best way to settle a divorce?

Mediation . For some parties, mediation may be an option to consider for settling your divorce. Mediation permits parties to work out their differences concerning finances and property division without litigation’s financial burden. Mediation costs parties considerably less than litigating a divorce in court.

How does mediation work in divorce?

Mediation costs parties considerably less than litigating a divorce in court. Additionally, mediation permits parties to work out their issues with a qualified mediator. Mediators aid parties to seek common ground so they may reach a solution. Mediation works only in situations where both parties agree to mediate.

Do marriages end in divorce?

For most, a marriage begins happily with similar goals and dreams. Unfortunately for some, these goals and objectives begin to diverge, and these marriages end in divorce. In many situations, a dissolution proceeds amicably with both parties reaching a satisfactory agreement. However, many divorces become complicated and acrimonious.

What is fee waiver?

A fee waiver procedure permits you to file for divorce and ask the court to waive all court fees associated with divorce. To obtain a fee waiver, the court requires proof of your financial status, such as proof of income and any debts and liabilities.

What is the importance of a divorce lawyer?

Seek a qualified divorce attorney’s assistance to protect your rights. An attorney supports you to prevent avoidable mistakes that may cost you dearly upon the conclusion of your divorce. While expenses associated with a divorce can rise quickly, there are options available to those who need to pay for a divorce lawyer with no money.

What is bundled legal services?

Bundled legal services permit a client to pay an attorney for only certain legal services. For example, you may wish to hire an attorney to negotiate and settle child custody and visitation issues. You can save money on legal services by choosing what legal services you pay for in these situations.