The term divorce refers to the legal process in which a couple’s marriage or legal union is dissolved by order of the court. Once a divorce has been finalized, each person will have sole control of the assets awarded to them in the divorce and may choose to remarry. Each state has its own requirements and laws regarding the divorce process, and the actual process of filing for divorce will differ by state.
In general, all states require that the spouse filing for the divorce must be a resident and domicile of the state in which they are filing. As for the amount of time required for establishing residency, the time will differ between states, but the time is generally a minimum of six months.
Kentucky requires a person to have resided in the state for at least 180 days before initiating divorce proceedings.
What Are the Different Types of Divorce?
Another factor involved in a divorce proceeding is the type of divorce under which the petitioner chooses to file. There are two different types of divorce:
- No-Fault Divorce: No-fault divorces do not require the filing spouse to prove any wrongdoing on behalf of either spouse to file and obtain the divorce.
- Some states require that the couple declare that they can no longer get along, which is commonly referred to as “irreconcilable differences.”
- In the state of Kentucky, a person filing a no-fault divorce may cite that the marriage is “irretrievably broken”;
- At Fault Divorce: A spouse may also state that the other party is at fault for breaching the marital contract. What exactly constitutes fault will vary from state to state, but the commonly cited reasons for at-fault divorce include the following:
- Cruelty, i.e., the intentional infliction of unnecessary physical or emotional pain;
- Adultery, i.e., cheating;
- Desertion for a time;
- Confinement in prison for a set amount of time; and/or
- The physical inability to consummate the marriage.
Is There a Difference Between a Divorce and Separation in Kentucky?
In short, yes. In Kentucky, couples can file for a divorce or a legal separation. Once again, a divorce is the legal ending of a marriage by court order. In contrast, a legal separation is a legal agreement that ends certain rights and responsibilities of a marriage, but the couples remain married.
Thus, the results of a divorce and a legal separation are different. When a divorce is finalized, the spouses are no longer married. However, in a legal separation, the couples live separate lives but are still married. As such, the couples cannot legally choose to remarry under a legal separation.
Another difference between divorce and separation in Kentucky is that there is a waiting period before couples can seek a divorce in Kentucky. Before an individual can file for divorce in Kentucky, there must have been a period of separation for at least 60 days. Kentucky law defines this “period of separation” as either:
- A period of time living in separate homes; or
- A period of time living in the same house but without sexual cohabitation.
Unlike some states, Kentucky does not require that spouses go to counseling before they seek divorce. However, courts may still order a couple to seek counseling to determine if they can fix the marriage, especially if they fail to state that the marriage is “irretrievably broken.”
What Paperwork Is Needed to File for Divorce in Kentucky?
Once again, for a person to file for divorce in Kentucky, they must:
- Be a resident in Kentucky for at least 180 days before they file;
- “Live apart” from their spouse for at least 60 days;
- Be a resident in the county in which they file; and
- Attest that their marriage is irretrievably broken.
Once an individual meets the requirements for filing the divorce, they must file a petition for divorce in the family law court in the county where they or their spouse lives. Next, the filing spouse must then notify their spouse of the verified petition for divorce, along with the civil summons.
Then the spouse that is served will have 14 days in which to respond to the civil summons. If the spouse served with the paperwork makes no response, the filing spouse can seek a default judgment.
How Is Community and Separate Property Defined in Kentucky?
Kentucky is a separate property state. This means that for divorce property in the state of Kentucky, the court will distribute property by equitable distribution. Thus, instead of courts trying to split property 50/50, they will use certain factors to decide what is fair to give each spouse. Examples of some equitable distribution factors include:
- What each spouse contributed to the overall marital property;
- The value of the property that was set apart for each spouse;
- Any agreements by the two parties regarding the division of property;
- The length of the marriage; and
- The financial circumstances of each spouse when the court divides the property.
The court must also decide whether the property of the spouses is considered to be marital or separate property. Marital property is any property the couple acquired during the marriage, including income. Separate property is any property that was owned by either party before the marriage and any property that either party receives during the marriage as a gift, inheritance, or from a will.
As can be seen, Kentucky divorce and separation laws protect a spouse’s separate property by letting the spouse keep ownership of their separate property throughout a marriage. As such, separate property is not a part of the equitable division of marital property.
What If There Are Children Involved in the Divorce Case?
A judge will award child custody and child support during a divorce or separation case involving children. During a divorce, child custody and support orders may be temporary or permanent. Once again, a final divorce decree involving children will contain a final child support and custody order.
A Kentucky court will decide child custody based on the best interest of the minor child or children involved in the case. The court may choose to order either full custody or shared custody. A judge will then determine which parent pays child support based on whether one or both parents has custody of the child. If the court orders split custody, no child support may be ordered.
In the case of an uneven custody order, the state child support guidelines will be used to help establish the amount of the support payments based on the following:
- The child’s medical or dental needs;
- The child’s educational, job training, or special needs;
- The child’s independent financial resources;
- The combined income of the parents; or
- Any agreements of child support payments between the parents.
How Are Alimony Payments Handled in Kentucky?
During a divorce case, the court may decide that one spouse must pay alimony to the other spouse. It is important to note that the spouse seeking alimony must prove the following:
- That they do not have enough property to provide for their reasonable needs; and
- They are unable to support themselves through employment, or they are taking care of a child, which makes them unable to seek employment outside of the home.
Do I Need a Lawyer for Help With Divorce in Kentucky?
If you or your spouse live in Kentucky and are considering filing for divorce, you should consult with a Kentucky divorce lawyer. An experienced Kentucky divorce attorney will best help you understand your state’s laws governing divorce, child custody, child support, and alimony.
Finally, an experienced family law attorney can also represent you at any in-person court hearing.
