I live in KY. My husband and I were living under the same roof when we divorced. He told me he wanted a divorce but I refused to sign any papers. While living in the same house, he obtained an attorney, told his attorney he was living at a different address and filed divorce papers without telling me he did so. I came home one day to find a letter from the family court telling me my divorce was final. Doesn't a couple have to be separated for 60 days in the state of KY before one can file for a divorce? Is what he did legal and can it invalidate the divorce?
Thank you.
Kentucky Grounds for Divorce — DivorceNet
In KY, if the parties agree that the marriage is irretrievably broken, there is no waiting period. If one files and the other doesn't deny it, there is a 60 day waiting period. If one files and the other says under oath that the marriage is not broken, the judge can rule that it's broken and grant a divorce without a waiting period (although it is unlikely that the wheels of justice would turn faster than that, anyway).
If your ex filed fraudulently with the court, you could possibly ask for the divorce to be overturned (as long as he hasn't remarried), but it would be up to you to prove that he filed fraudulently. More importantly, doing so won't gain you anything except lots of extra legal fees and animosity. Furthermore, you would have to show that you acted as soon as you heard about it - when you were served.
Now, if you weren't properly served AND it led to an unfair property settlement (because you didn't know about the hearing and didn't attend), you could possibly argue for a change in the decree on that basis, but it's hard to imagine a scenario where you'd be better off to actually overturn the divorce.
