Legal Question in Family Law in Kentucky

My husband lives in another country but has agreed to a divorce with no expectation of a division of property. He has never lived in the US. Our kids are adults. Can I file for an uncontested divorce? Do papers have to be sent to him overseas?


Asked on 12/14/10, 2:41 pm

2 Answers from Attorneys

Bryan Gowin Bryan Gowin Attorney at Law

You can file for a divorce here in Kentucky, but you either need to have him sign off on an agreement or have him served with the Petition for Divorce. If he signs off on the divorce, this is the least complicated method. If he will not or cannot, then you will need to have him served by either the Kentucky Secretary of State or a warning order attorney. I would consult with an attorney in person about handling this matter as it can become complicated without an attorney.

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Answered on 12/20/10, 9:57 am
Gregory Napier Troutman & Napier, PLLC

Yes, you can file for divorce in the county in which you live. Your husband has to be served either by accepting cerified mail from the court's clerk or by warning order attorney. However, even if the warning order attorney cannot serve him directly, the divorce can proceed.

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Answered on 12/21/10, 1:01 pm


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