Overview Instructions for Self-Help Divorce Without Children

This page has links to forms that you will need to print out and fill in. If you prefer, you may complete interactive self-help divorce forms online here.

NOTE: These instructions are ONLY for couples who live in Louisville-Jefferson County. These instructions are ONLY for couples who do not have any children together, or whose children are all over 18 and are not in high school. If you have one or more children together, with at least one child aged 18 or younger and/or still in high school, please see the instructions for Self-Help Divorce With Children.

These self-help forms have been developed for individuals who do not want to or cannot afford to hire an attorney to represent them in their divorce. The forms are designed for simple divorces where both spouses agree on settlement terms or where there is little, if any, property to be divided. It is not advised that you use the forms if you and your spouse have valuable assets. If you use these forms to file a Self-Help divorce, you give up the advantages of being represented by an attorney, including assistance in uncovering any assets your spouse may have hidden.

Below you will find an overview of the forms, and a time line for filing the forms. The links for each form below will take you to a specific set of instructions for that form and a link for downloading the form in Microsoft Word format. You must read and review the instructions for each form before completing the form.

View a complete list of instructions or download all instructions as a packet (Word format, 89 KB)

View a complete list of forms or download all forms as a packet (Word format, 204 KB). You will also need to download the Case Data Information Sheet (PDF, 971 KB) and Summons (PDF, 257 KB)

STEP #1 - Petition

The Petition is the document filed with the Court that starts the divorce. At least one of the parties must be a resident of Kentucky for the 180 days immediately preceding the filing of the Petition. When you file the Petition at the Courthouse, you will be required to pay a filing fee. If you cannot afford to pay the filing fee, you can file the Motion-Order to Proceed Without Paying Court Costs. The judge will review your information to determine whether you qualify for the waiver.

You must type the original Certificate of Divorce (VS-300 form, available at the Clerk's office), sign it in black ink, and file it with the Petition. In addition, when you file the Petition, you will also need to file a Case Data Information Sheet (PDF, 971 KB), and a Summons (PDF, 257 KB), unless you are filing a Marital Settlement Agreement and Entry of Appearance Waiver.

STEP #2 - Service of the Respondent

Your spouse must be "served" in order for the divorce to be final. Service can be accomplished in one of the following ways. Your spouse will be "served" if:

You give your spouse a copy of the Petition, your spouse signs the Marital Settlement Agreement and the Entry of Appearance Waiver, and you file the Marital Settlement Agreement and Entry of Appearance Waiver with the Court.
You send your spouse the Summons (PDF, 257 KB) by certified mail, restricted delivery, from the mail room at the Courthouse. The clerk will tell you where to find the mail room. Your spouse is considered served on the day he/she signs for the certified mail. There is a charge for this service.
You have the Summons served on your spouse by the Sheriff. The clerk will direct you to the office to have your spouse served by the Sheriff. There is a charge for this service. Your spouse is considered served on the day the Sheriff serves him/her.
You have your spouse served by the appointment of a Warning Order Attorney. Read and follow the instructions to this form for more details.

**Checking on service - If you have your spouse served by certified mail or by sheriff, you will need to check the Court file to see if your spouse has been served. You can call the Jefferson County Family Court Clerk at 595-3025 about two weeks after the filing. When you call, have your case number at hand. The Clerk will be able to tell you if and when your spouse was served.

STEP #3 - Mandatory Case Disclosure

The Mandatory Case Disclosure gives the Court an overview of your case by listing your assets and debts. You must complete this form in full. Be sure to read and follow the instructions. This form can be filed at the same time you file the Petition, but must be filed within 30 days of the filing of the Petition. If your spouse is in agreement, the spouse should complete and file Respondent's Mandatory Case Disclosure Acknowledgment (Word format).

STEP #4 - Resolve the Issues

The issues of your divorce - division of assets and debts - must be resolved before you can be divorced. Those issues can be resolved by you and your spouse agreeing on the issues, or by the judge deciding the issues.

If you and your spouse are in agreement on all of the issues, you should complete the Marital Settlement Agreement and file it with the Court.

If your spouse has been served and has filed either a response or an appearance and waiver, but you have been unable to come to an agreement, you may file a Notice-Motion-Order to Schedule Hearing (Word format).

STEP #5 - Finalize the Divorce

If you have completed steps 1 - 4 above, then the next step is finalizing the divorce. To finalize the divorce, you must complete the Deposition of Petitioner and the Findings of Fact and Decree of Dissolution of Marriage. Follow the directions for these forms, file them with the Court, and mail copies to the Respondent. You must be separated for 60 days before filing these forms. See the instructions to these forms for more detail.

You are not divorced until you receive the Decree of Dissolution back from the Court, signed by the judge and entered by the Court. This will come in the mail.

QUESTIONS:

What if your spouse has been served, but has not filed any paper with the court by way of a response?

In that case, you may ask the court to divorce you by default. To do this, complete the Motion for Default Judgment and Decree of Dissolution of Marriage. Follow the directions for the form, mail a copy to the Respondent, and file the original in court, together with a blank Decree of Dissolution of Marriage.

What if your spouse has been served and has filed either a Response or an Entry of Appearance and Waiver, but you have been unable to come to an agreement?
In that case, you may file a Notice-Motion-Order to Schedule Hearing (Word format). Fill out the form, mail a copy to the Respondent, and file the original in court.

What if you need help?
If you believe that you have filled out the forms and followed the instructions, but your case is not moving forward, you can file the Notice-Motion to Move Case Forward. Or, you may want to consult an attorney. The Clerk's Office cannot give you legal advice.

Protecting Your Safety

Many of the forms require that you enter your address. If your spouse does not know your address and you have reason to fear for your safety if your spouse learned where you are living, do not use your actual address. Use the address of someone who can be relied upon to forward your mail.

Complete list of instructions: (in Word format)

Complete list of forms: (in Word format)