Understanding the Grounds for Divorce in Kentucky

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If you are living in Kentucky and contemplating a divorce, it is important to understand the specific divorce laws that apply in the state. Divorce can be a complex and emotional process, and knowing the legal framework can help you navigate it more effectively. In the below guide, we will review how divorce works in Kentucky, including the grounds for divorce and the process involved.

Grounds for Divorce in Kentucky

In Kentucky, a divorce can be granted if the marriage is deemed irretrievably broken, which falls under the category of no-fault divorce. This means neither party must prove wrongdoing or fault to obtain the divorce. Instead, a simple declaration that the marriage cannot be repaired is sufficient. More importantly, the court will process the divorce even if only one spouse agrees to it. However, a divorce decree will not be finalized until the couple has lived separately for at least 60 days. This separation period serves as a cooling-off time for both parties, allowing for reflection and potential reconciliation before proceeding with the legal dissolution of the marriage.

What Does Irretrievably Broken Mean

In Kentucky, the sole ground for divorce is the assertion that the marriage is irretrievably broken. This means there is no reasonable opportunity for you and your spouse to reconcile and restore the relationship. As a result, a judge can approve a divorce if:

Man and woman arguing
  • Both spouses agree that the marriage is irreparably broken
  • One spouse claims the marriage is irreparably broken, and the other spouse does not dispute it

However, if either spouse contests that the marriage is irreparably broken, the judge will examine:

  • the reasons behind the divorce petition
  • the potential for reconciliation
  • any other pertinent factors

After evaluating these factors, the judge will assess whether the marriage is genuinely irretrievably broken. The judge may also delay the hearing for 30 to 60 days, encouraging both spouses to pursue counseling. In the following hearing, the judge will again determine whether the marriage is irretrievably broken.Bottom of Form

Residency Requirements in Kentucky

A judge has the authority to grant a divorce if either you or your spouse satisfies the following conditions:

  • Residency Requirement: Either spouse must reside in Kentucky at the time of filing the divorce petition. This means that one of the parties should have a physical presence in the state, regardless if they own property or have a permanent address there.
  • Duration of Residency: Either spouse must have maintained residency in Kentucky for at least 180 days immediately before submitting the divorce petition.

This requirement ensures that the court has jurisdiction over the divorce case and that at least one party has established a significant connection to the state. In addition, the term “living in Kentucky” also encompasses individuals stationed in Kentucky as members of the armed services. This means military personnel currently assigned to Kentucky, even if they do not have a permanent residence in the state, can file for divorce under these circumstances.

Contact Hoffman Walker & Knauf To Learn More About Divorce in Kentucky

Divorce is an incredibly challenging journey, filled with a whirlwind of emotions that can often feel overwhelming. The issues at stake can become fiercely contested, adding to the stress of the situation. When children are involved, the complexity increases significantly, as their well-being must be carefully considered in every decision. It requires considerable skill and compassion to navigate the negotiations and reach a settlement that reflects the best interests of all parties involved.

To learn more about the divorce process in Kentucky and how our experienced attorneys can help you, contact Hoffman Walker & Knauf today.