Divorce Laws in Kentucky

Understanding Kentucky Divorce Laws

With the fifth highest divorce rate in the country, it’s no surprise that many people in Kentucky may be familiar with the state’s divorce laws. But, even if you’re already familiar with the basics, there’s a lot more to know about the process. Let’s take a closer look at the facts about Kentucky divorce laws and property.

Kentucky Divorce Laws and Process

In order to file for divorce in the circuit court, at least one of the parties must meet the residency requirements. The petitioner is the one who initiates the divorce, while the other party is the respondent. If the court grants the divorce, it will come with a final Decree of Dissolution of Marriage. The ground for divorce in Kentucky is that the marriage is irretrievably broken and that the parties have lived separately or without marital relations for a certain period of time.

Annulments, which are rare in Kentucky, are generally not liked as it can be considered a matter of dishonor if the marriage is proved to be illegal or null and void. Kentucky family law also allows for a legal separation, if requested by both parties. If domestic violence is allegedly present, the court may order counseling or mediation upon request from the victim of the alleged abuse.

Division of Property

When it comes to the division of marital property in a Kentucky divorce, the court will follow the equitable distribution rules, meaning that the property will be divided fairly but not necessarily equally in half. The court will consider a variety of factors when determining the division of property, such as how each partner contributed to the acquisition of the property, the length of the marriage, the value of the property, and the economic circumstances of both parties.

Property may be considered marital property even if it is titled under one individual’s name, and separate property acquired before the marriage may remain with the original owner unless the property was used by both partners and both partners contributed to its increased value. Furthermore, either spouse may request that a maiden or former name be restored after a divorce.

Kentucky divorce laws can be complicated and involve many considerations. If you’re considering divorce in Kentucky, it’s important to seek the advice of a qualified professional so that you can be sure to get the best outcome for you and your family.

Understanding Kentucky Divorce Laws & Alimony

When a couple in Kentucky decides to end their marriage, the court will consider a number of factors when making decisions about spousal support. If the spouse seeking support does not have the ability to support themselves, then alimony may be granted. The court can also take into account if the supported spouse is the custodial parent and may grant alimony if they choose to not work outside the home. There are several other considerations for alimony, such as:

• The financial resources of both parties
• The duration of the marriage and the standard of living established
• Whether the supported spouse would need education or vocational training to find employment
• The age and health of the spouses
• The ability of the supporting spouse to meet his or her own needs while paying alimony

What You Should Know About Kentucky Divorce Laws & Child Custody

The court always has the best interests of the child in mind decisions about custody. Kentucky considers the rights of both parents and any non-parental or “de facto” custodians. A de facto custodian could be a primary caregiver who provides financial support for the child and/or has the child living with them, or someone the child was placed with by the Department of Community Based Services. The court will take into account various factors when awarding custody, such as:

• The wishes of the parents and any de facto custodians
• The wishes of the child (if the child is mature enough to express an opinion)
• The relationship of the child with both parents and other family members
• The child’s adjustment to their home, school, and community, and how custody will affect that
• The physical and mental health of all individuals
• Any evidence of abuse or domestic violence

In cases where a de facto custodian is involved, the court will investigate their relationship with the child and the parents. If it is in the best interest of the child, a de facto custodian may be granted legal custody.

If a parent leaves the family residence due to violence, this is not considered abandonment.

Kentucky Divorce Laws & Child Support

In Kentucky, an income shares model is used to determine child support. The incomes of both parents are taken into account, and they are then assigned financial responsibilities to the child in proportion to their financial abilities. Other factors that may be considered when calculating child support include:

• Any special physical, mental, or educational needs of the child that will require extra finances
• Any special needs of the parents, including medical costs
• Any independent financial resources of the child such as a trust or annuity fund

If either parent’s financial situation changes drastically during the time child support is being paid, the court may modify the agreement. Kentucky does not have any laws that require parents to pay for their child’s postsecondary education.

Kentucky Divorce Laws – FAQs

If you’re considering filing for divorce in Kentucky, you probably have a lot of questions about the process and what to expect. Here are a few of the most frequently asked questions about Kentucky divorce laws.

How Long Must I Be a Resident of the State of Kentucky?

In order to file for divorce in Kentucky, you must be a resident of the state for a minimum of 180 days or 6 months, whichever is longer.

Can I Divorce My Spouse Even if They Don’t Reside in Kentucky?

Yes, you can. Kentucky divorce law doesn’t require your spouse to be a resident of the state.

Is Kentucky a No-Fault State?

Yes, Kentucky dissolves marriages without requiring fault on part of either spouse.

How Long Will it Take to Divorce My Spouse?

Divorce is never a quick process. Some divorces take a few months, while others may take longer. Complex cases can even take years to finalize. It all depends on how quickly you can reach a settlement.

Is there a Filing Fee for Divorce in Kentucky?

Yes, the filing fee for divorce varies from county to county.

How Do Kentucky Divorce Lawyers Charged?

Kentucky divorce lawyers typically charge by the hour or they charge a predetermined fee.

How Much Will My Divorce Cost?

The cost of your divorce will depend on the complexities of your case, but the national average is $18,000.

Can I Represent Myself?

It is your legal right to represent yourself, but it is not advised. A Kentucky divorce lawyer will be better equipped to represent your interests.

Do We Need to Hire Two Different Kentucky Divorce Lawyers?

Yes, both spouses must be represented by separate lawyers.

Does Kentucky Legally Recognize Common Law Marriage?

No, the State of Kentucky does not legally recognize common law marriage.