How To Prepare for a Divorce in Kentucky
If you are contemplating the end of your marriage and you live in Kentucky, it is crucial to familiarize yourself with the state’s divorce laws. Throughout the process, you will encounter a series of important decisions that can significantly impact various aspects of your life, including the division of marital assets, spousal support, and, if applicable, custody arrangements for children. To better help you understand what this process entails, in the guide below, we will review how to prepare for a divorce in Kentucky.
Verify That Residency Requirements Are Met
To initiate a divorce in Kentucky, one of the parties in the divorce must establish residency in the state for a minimum of 180 days before filing. This residency requirement applies not only to civilians but also to service members stationed in Kentucky for military duty.
Determine the Grounds for Divorce
Kentucky is a no-fault state, which means that a spouse does not need to prove a specific reason for obtaining a divorce. Instead, to get a divorce in Kentucky, the party only needs to state that “the marriage of the parties is irretrievably broken.” If one spouse denies this under oath, the judge must decide whether the marriage is truly broken. In these situations, the judge may postpone the case for 30 to 60 days and recommend counseling.
After counseling, the judge will hold another hearing. If both spouses agree that their marriage is improving, they can pause the divorce. If one spouse still wants a divorce, the judge will likely approve it.
Begin the Waiting Period
In Kentucky, a court cannot officially finalize a divorce until the parties have lived apart for at least 60 days. This separation allows both parties ample time to contemplate their relationship and the decision to divorce. However, it should be noted that the parties can still live in the same house during this period as long as they do not have sexual contact for the full duration of 60 days.
Prepare the Documents
The initial step in the divorce process is to prepare the divorce petition, a legal document that officially requests the dissolution of a marriage. The petition will outline the reasons for the divorce and any proposals regarding child custody, division of assets, and spousal support. Once a party accurately completes the petition, it will be automatically submitted to the Office of Vital Statistics for processing.
In addition to the electronic submission, the party must print two hard copies of the completed petition. One copy is for their records, which should be kept in a safe place for future reference. The second copy must be submitted to the local circuit court clerk’s office. This submission is necessary to formally initiate the divorce proceedings in the party’s jurisdiction.
Review the Legal Process with an Experienced Divorce Attorney
Divorce can profoundly impact various aspects of an individual’s life, especially their finances and personal relationships. A significant concern is how it affects a parent’s access to and authority over decision-making for their children, which can significantly affect the children’s well-being and stability during this challenging time. That is why many individuals navigating divorce in Kentucky find hiring an experienced divorce attorney invaluable. These professionals assist in understanding the complexities of divorce proceedings and clarifying legal steps and rights. They can also advise on the financial components of divorce, aiding in the fair division of assets and managing support obligations to achieve a just outcome for all parties.
Learn More About Preparing for a Divorce in Kentucky, Contact Hoffman Walker & Knauf Today
If you are considering filing for divorce in Kentucky and want to know more about how to prepare, contact Hoffman Walker & Knauf today to discuss your questions with a dedicated Kentucky divorce attorney.
