Do You Have To Be Legally Separated Before Divorce in Kentucky?
If you are considering filing for divorce in Kentucky, it is important to understand the state’s divorce process. Not only will you need to file certain paperwork with the court to end your marriage, but there are various other rules that you will need to follow. In the guide below, we will review some of these requirements, including whether you need to be legally separated before filing for divorce in Kentucky.
Who Can File for Divorce?
To file for divorce in Kentucky, at least one spouse must be a state resident and have lived in Kentucky for at least 180 days before filing the divorce papers. For military personnel, they must be stationed in Kentucky for at least 180 days prior to filing for divorce.
The Waiting Period and Living Apart
Although a couple can pursue a divorce at any time, they will have to be living apart and separated for at least 60 days before the court will grant a final divorce decree. However, it is important to note that living apart does not necessarily mean living in separate homes. You can still reside in the same place as long as you and your spouse are not engaging in sexual relations.
If you cannot prove that you and your spouse have been living apart, the court may dismiss your divorce petition. This would require you to start over with the waiting and separation period, leading to further delays in the case.
The Grounds for Obtaining a Divorce in Kentucky
Kentucky has “no-fault” divorce. This means that to file for divorce in Kentucky, neither party has to prove that the other party is at fault for the breakdown of the marriage. However, the court is required to determine that the marriage is irretrievably broken before entering a divorce decree.
Difference Between Legal Separation and Divorce
In Kentucky, residents are not limited to getting a divorce as the only way to end a marriage. Legal separation is a separate status and not actually a necessary step towards a divorce. As a result, a person does not need to be legally separated before they pursue a divorce.
For a legal separation, a spouse can file a petition for separation. However, similar to divorce proceedings, they will need to show that either party has been a resident of Kentucky for at least 180 days and that they have been living separately from their spouse for at least 60 days.
After the request has been submitted, there will be a 60-day waiting period before a judge denies or approves the request. During this period, the couple can try to come up with separation terms, such as child custody, property division, and spousal support. If the parties agree to the terms, they can present them to the court. If no agreement can be reached, the judge can make a decision on the issues.
In Kentucky, the law also requires that a couple be legally separated for at least one year before a spouse asks for a formal divorce. More importantly, both spouses must agree to the process to obtain a legal separation. If one spouse wants a divorce, the court will not proceed with a legal separation.
Learn More About the Differences Between a Divorce and Legal Separation, Contact Hoffman Walker & Knauf Today
If you are considering filing for divorce in Kentucky or want more information about a legal separation, contact an experienced Kentucky divorce attorney at Hoffman, Walker, & Knauf today. Our legal team can answer all your questions and review the legal options you have.
