Dissolution of Marriage
in Kentucky is a bit different than in other states. This article explains the general rules and procedures to get divorced in Kentucky. If you are seeking a divorce, contact the offices of Durrett and Kersting. We will be happy to offer legal counsel.
Who Can File For Divorce in Kentucky
There are 3 requirements that must be met if you are to file for divorce. They include:
What Are The Grounds For Dissolution of Marriage in Kentucky
- It is essential that you are separated from your spouse for at minimum of 60 days. In cases where a legal decree of separation is in force, you must be separated from a legal standpoint for least one year. [Kentucky Statutes - Title 35 - Chapters: 403.140 and 403.230]
- You or your spouse must be a Kentucky resident. This means you or your spouse have lived in Kentucky for at least 6 months.
- The wife cannot be pregnant. If the wife is pregnant, you must wait until after the baby is born. This is true even if the husband is not the biological father.
Kentucky is a no fault state. This mean that regardless of whose fault it may be, either spouse may file for divorce. The only grounds necessary is that the marriage is irretrievably broken. In other words, there is no chance of reconciliation. You do not have to show cause or proof of fault.
Order of the Court for Mediation or Counseling
The court may order a reconciliation conference to determine if the marriage is irretrievable broken, if it is requested by one of the parties. Cases involving domestic violence normally require no mediation unless requested by the victim. This must be a voluntary request and it must be deemed a realistic request. [Kentucky Statutes - Title 35 - Chapters: 403.036, 403.170]
Equitable Property Distribution
Because Kentucky is an equitable distribution state, the court will not consider marital misconduct when dividing the property. Property will be divided in fair proportions after considering the following factors:
- Property acquired in exchange for property acquired prior to the marriage or acquired by gift, bequest, or willed to the spouse.
- Property acquired after a decree of legal separation
- Property excluded by agreement of you and your spouse.
- Any increase in value of property acquired before marriage unless it is the result of both parties during the marriage.
- Property acquired by a spouse after a decree of legal separation.
Any property that is acquired during the marriage regardless of who purchased it or whose name is on the title is considered marital property. This includes property that is held by the spouse in some form of co-ownership. This will hold true unless the property was acquired as listed above. [Kentucky Statutes - Title 35 - Chapter: 403.190]
Maintenance formerly called alimony in Kentucky may be awarded to either spouse. Maintenance is awarded because of the financial considerations of each spouse. It is not based on gender. Maintenance may be awarded on a temporary or permanent basis as needed.
For more information about the dissolution of marriage in Louisville Kentucky and surrounding areas, visit the Kentucky Legislature website: http://www.lrc.ky.gov/statutes/chapter.aspx?id=39213 . Here, you'll find a wealth of resources on divorce, child support, maintenance and more.