How is a dissolution of marriage action commenced?
To initiate a dissolution action in the Commonwealth of Kentucky, a party files a Petition for Dissolution of Marriage. The initial document contains primary factual information regarding the parties and their minor children, if any, and their request for relief.
In the Petition, which is the initiating document filed with the Court, the party must allege the marriage is irretrievably broken and there is no prospect for reconciliation between the parties. After the action is filed, the moving party must give notice to the other side.
Notice is given in one of three ways – service of the Petition by the sheriff; service of the Petition by certified mail by the clerk of the county where the action was filed; or the other side executes a waiver of notice and entry of an appearance. It is usually after this process the party will, if needed, file motions for temporary relief with the Court.
The motion may address various issues which include, but are not limited to custody, child support, maintenance, exclusive use of houses or cars or to require somebody to maintain medical insurance on the parties during the pendency of the action. This list is clearly not exhaustive, but only covers some of the issues which can be raised by a motion before a Court.
At Busald Funk Zevely, our team is dedicated to ensuring the best possible results for our clients, especially during an emotionally exhausting event like a divorce. If you are seeking a dissolution of marriage, be sure to contact one of our Northern Kentucky family law attorneys today.