The Family Law Center
When Family Matters happen, call an experienced lawyer
Licensed in Kentucky and West Virginia
When Family Matters happen, call an experienced lawyer
Licensed in Kentucky and West Virginia

KY Divorce and other Related Issues


Residency Requirements and Grounds for Divorce

Kentucky is a no-fault state, and either spouse can get a divorce based on irretrievable breakdown of the marriage. This means you're claiming there's no realistic chance to continue the marriage. Either you or your spouse must be a state resident for 180 days before filing. The court won't grant your divorce until you've lived apart for 60 days. Your case starts by filing a complaint for dissolution of marriage with the Circuit Court within a county where either of you live. Once you file, either spouse can ask the court for temporary assistance, such as custody and support. Kentucky law allows for a simplified divorce procedure if a couple agrees on these major issues: property and debt division, child custody, child support and visitation matters. Your written agreement becomes part of your divorce decree.


Dividing the Property

Kentucky is an "equitable distribution" state. The court makes an equitable or fair division of marital property, and this isn't necessarily a equal division. Marital property is the property acquired during your marriage. Separate property is property you had before marriage, or received during marriage as gifts or inheritance. Courts don't decide property division issues based on marital misconduct, looking instead at these factors:

  • Each spouse's contribution to marital property, including work as a homemaker
  • Separate property value
  • Marriage duration
  • Expected economic circumstances of each spouse upon dividing property, such as awarding family home to the spouse who has custody of the children

Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Kentucky divorce lawyer, and it can save you a lot of time and money.


Alimony

A court can order alimony, also called maintenance, to either spouse if it finds support is needed. The court may find support is needed because the spouse doesn't have enough property to provide support, working won't provide adequate support or has custody of child and working outside the home isn't appropriate. The court considers the following factors when setting the amount and duration of maintenance:

  • Financial resources of the spouse seeking support
  • Time needed to gain education or training for an appropriate job
  • Standard of living during marriage
  • Marriage duration
  • Age, physical condition and emotional condition of spouse seeking maintenance
  • Ability of paying spouse to meet his or her own needs and pay alimony
  • An order for temporary maintenance provides support while a case is pending. Once ordered, for modification, you must show a change of circumstances.

Below is a link which will provide you with a complete overview of Divorce in Kentucky. Please read and prepare yourself ad please DO NOT hesitate to contact our office for Legal Representation.

Kentucky Divorce Laws