Top Five Questions About Divorce in Kentucky

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When considering divorce, it is important to acknowledge the emotional and legal complexities that may arise. Whether you are initiating the divorce process or have been served with divorce papers, it is natural to have many questions. Clients often seek guidance from our family law attorneys during this challenging time, asking about topics such as property division, child custody, alimony, and the overall divorce process. The following are some of the most common questions our clients have when it comes to divorce in Kentucky. 

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1. What Are the Grounds for Divorce in Kentucky?

In Kentucky, when considering divorce, the state follows a “no-fault” approach. This means that either party can file for divorce without having to prove fault on the part of the other party, such as proving adultery or misconduct. 

2. What Are the Residency Requirements in Kentucky When It Comes To Divorce?

To file for divorce in Kentucky, at least one party must have lived in Kentucky for 180 days before filing or have been stationed in Kentucky while serving in the military. This requirement applies to both parties, and the military member must have been stationed in Kentucky for at least 180 days prior to filing.

3. How Long Will a Divorce Take in Kentucky?

The duration of a divorce process can vary based on several factors, including the following:

  • Whether the divorce is uncontested or contested 
  • The number of issues in dispute, such as spousal support, property division, and child custody
  • If the couple has minor children or complex property matters to resolve 
  • The court’s calendar and availability of court dates 
  • The level of cooperation between the parties and their respective legal counsel 

It is also important to note that there is no maximum time limit for a divorce to be finalized. Cases with complex issues and significant disputes can extend the process for several years before reaching a resolution. 

4. Can a Divorce Attorney Represent Both My Partner and I?

Even if you and your partner agree on the divorce proceedings, it is important to understand that the legal system still considers you as opposing parties with potentially conflicting interests. This means that even though you may agree on the process, a divorce attorney cannot represent both of you due to the potential for conflicting interests and ethical considerations.

5. What Happens If My Spouse Wants To Pursue a Divorce But I Do Not?

If you find yourself in a situation where your spouse is seeking a divorce and is not open to reconsidering, it is important to understand that in Kentucky, as in many states, a no-fault divorce is an option. 

This means that your spouse can initiate a divorce without having to provide any specific reasons other than citing irreconcilable differences. You may be grappling with conflicting emotions, hoping to salvage the marriage or considering the impact on your children. However, despite these wishes, you need to recognize that your spouse can proceed with the divorce regardless of your stance on the matter. In such a challenging time, seeking the assistance of a qualified divorce attorney can help you get through this difficult process. A skilled divorce legal professional may be able to offer guidance, protect your rights, and help safeguard the well-being of your children as you navigate this complex ordeal. 

Contact Hoffman Walker & Knauf Today To Speak With Our Legal Team

If you are considering a divorce in Kentucky and want to know more about the process, contact the dedicated and skilled divorce attorneys at Hoffman Walker & Knauf today to review your legal options.