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60 day waiting period

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daddyc

Junior Member
What is the name of your state (only U.S. law)? Kentucky. My wife and I have not had sex in years. She has told me that she wants a divorce and I have agreed. We have 2 children under 18. I am unclear about the waiting period. We want to file on our own but since we have not had sex in so long does that exempt us from the waiting period? We both want to get this over with however I do not want it to be finalized until after January 1st. I am afraid that if we file everything on our own that because we agree on everything it may fly through the court system.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Kentucky. My wife and I have not had sex in years. She has told me that she wants a divorce and I have agreed. We have 2 children under 18. I am unclear about the waiting period. We want to file on our own but since we have not had sex in so long does that exempt us from the waiting period? We both want to get this over with however I do not want it to be finalized until after January 1st. I am afraid that if we file everything on our own that because we agree on everything it may fly through the court system.

And you need to wait until Jan 1st because ... why?

Tax check? Health insurance? What?

https://www.hg.org/divorce-law-kentucky.html

Seems pretty clear to me:

The parties must live apart for at least 60 days before a decree may be entered. Living apart shall include living under the same roof without sexual cohabitation.
 

Proserpina

Senior Member
Yes it is because of taxes. I believe we will get a bigger return if we file as married for the year.
Then wait till Jan to file. Nothing will change in your home, right? Just go about your business for another couple of months and you'll be all set by Jan.
 

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