Questions About Getting Divorced In Kentucky?
If you live in Kentucky and are considering a divorce, you probably have many questions about finances, child custody, legal proceedings and more. This page has the answers to some of the most frequently asked questions that clients ask our attorneys at Omega Law PLLC. These are general responses and are not intended as legal advice. For more detailed information about your family law matters, contact us to schedule a consultation.
What is the residency requirement to file for divorce in Kentucky?
To get divorced in Kentucky, either you or your spouse must live in the state at the time of filing for divorce and have lived here for at least 180 days.
Do I have to prove grounds for divorce?
Kentucky has no-fault divorce. This means you do not have to prove your spouse caused your relationship to break down through infidelity, abandonment, abuse or certain other reasons. You only have to claim that there has been an “irretrievable breakdown” in the marriage and no hope of reconciling.
How does a divorcing couple split up their property?
Like most states, Kentucky practices equitable property division in divorce. Instead of a rigid requirement that all property be divided 50-50, equitable distribution only requires that marital property be divided fairly between spouses. Marital property includes most things you and your spouse acquired during your marriage and can include your home, bank accounts and retirement savings. It can also include personal property like jewelry, cars and furniture. With your attorneys’ help, you and your spouse will try to negotiate a settlement that both sides can accept and the court will find fair.
How does child custody work?
There are two types of child custody: physical custody and legal custody. Physical custody is about how much time the child lives with each parent. Legal custody is the right to make important decisions about the child’s upbringing, such as where they go to school and which doctor they go to. Whether the parents share joint physical custody or one parent has sole custody, parents generally share legal custody.
If the parents agree to reserve sole custody for one parent (or the judge rules that one parent should have custody), the other parent generally receives parenting time with the child. Also known as visitation, parenting time allows the parent and child to spend regular time together and continue their relationship. Many Kentucky family courts use standard parenting time schedules, but the custody order must reflect the best interests of the child.
Do my spouse and I really need to hire divorce lawyers?
Some married couples who are splitting up can still agree on property division, child custody, child support and other issues ahead of time. This will save you time and money, but it does not mean you should try to file for divorce without an attorney’s help. Even with everything settled, it is still possible to make a mistake that costs you your property or parental rights. Even someone going through an uncontested divorce needs an attorney’s advice and help to ensure the process gets done right the first time so you don’t have to go back to make expensive revisions later.
How long does the divorce process typically take in Kentucky?
Divorce in Kentucky must take at least 60 days, as that is how long the law states that courts must allow between the filing of the divorce petition and the final order. Certainly, a divorce could take longer, though it is generally under a year. It depends on the complexities of the case, such as whether or not the couple needs a court order regarding child custody or property division.
Will I have to pay alimony in Kentucky?
Possibly. Either spouse can request it. The court will then check to see if they qualify. Generally, alimony is used if one spouse has no income or would face financial hardship due to the divorce. They typically need to show that they expected support during the marriage and that such support needs to continue so that their needs will be met.
What are the steps involved in the divorce process in Kentucky?
Divorce begins when either spouse files a Petition for Dissolution. After this, the couple gets a court date where they both tell their story to the judge. In some cases, spouses can work out an agreement regarding how they will divide property or parental rights. If not, the court can make a ruling. In the end – which has to be at least 60 days after the initial filing, as noted above – the court will issue a Decree of Dissolution. Once you have this decree, your marriage is over.
You probably have more specific questions related to your situation. Schedule an initial consultation with one of Omega Law PLLC‘s experienced divorce attorneys. Call us at 859-905-0814 or contact us online.