Legal Question in Family Law in Kentucky

No. And here's why:

If I were to send you a "simple divorce form" (for which there is really no such thing... there is a series of documents related to divorces, particularly depending on whether there are minor children) for you to fill out based on the specific facts and circumstances of your case, and you manage to screw it up (which is highly likely) by leaving out some important detail or failing to address an issue that later arises into a serious legal controversy, guess who's on the hook for it?

Individuals who purchase "Kentucky divorce forms" either on-line or from "the lady in the shack" (as one of our judges calls the local "Legal Self-Help" agency that sells "do-it-yourself" forms), often run into serious and ultimately expensive problems. Mostly because there isn't an attorney there asking the pertinent questions to find out if there is an issue that needs to be addressed. From these "do-it-yourself divorces," I've seen marital debts not addressed, property not divided, and even minor children left off of divorce papers. While there is statewide uniformity in many respects, there are also county-specific differences in procedure. The "do-it-yourself forms" fail to address that each county has local rules that must be followed, and failure to do so will hold up your divorce. Also, you don't want to pay for your divorce, but are you aware that there is a filing fee and a service fee owed to the clerk's office and sheriff's office, just for initiating the divorce action? If you are impoverished, you can move the Court for an order allowing you to proceed In Forma Pauperis, which will waive your filing and service fees. That won't be in the "do-it-yourself" package either.

That said, for those who cannot afford an attorney, there is Legal Aid. If you cannot get assistance through Legal Aid, there are other pro bono programs available in many areas of the state for those too poor to afford an attorney. In Fayette County, in addition to Legal Aid, we have the Fayette County Pro Bono Program, where volunteer attorneys take on representation of a party to an action free of charge. There is the "Pro Se Divorce Clinic" held once monthly where volunteer attorneys assist those who qualify financially to correctly prepare their uncontested divorce forms. And there is the Modest Means Program, which provides for reduced-fee representation for clients whose incomes are high enough that they do not qualify for pro bono services, but who are still unable to pay full price for an attorney.

Finally, for an uncontested divorce, most attorneys charge very little, anywhere between $500 and $1,000, which truly is a bargain for the client. I've yet to encounter an uncontested divorce that was just filling in the blanks on my forms and getting the client to sign it; I always seem to end up with some crazy legal issue to resolve that takes several hours of my time, including one where I spent way too many hours reviewing real estate plats to prepare a quit claim deed for property. Therefore, the flat-rate fee is a very good deal for the client. Call around and find an attorney willing to do a flat-rate uncontested divorce for a low cost. Otherwise, you might find yourself calling around in a few months, or even a few years, and putting down a hefty retainer to resolve some legal issue that was screwed up by using the "do-it-yourself" legal forms.