What to Expect During a Divorce in Kentucky
If you are in Kentucky and contemplating divorce, it is important to understand the state’s divorce laws and procedures. The divorce process can be complicated and daunting, which is why obtaining accurate information is vital to making informed decisions. In the guide below, we will review various aspects of the divorce process in Kentucky, including grounds for divorce, the legal requirements involved, the division of assets and debts, and custody arrangements if children are involved. Understanding these elements can help you manage expectations and prepare for the steps ahead.
What Does It Mean To Obtain a Divorce in Kentucky?
A divorce in Kentucky, commonly known as a dissolution of marriage, is the legal procedure through which a marriage is officially terminated. This process involves several important steps and considerations, including addressing the division of marital assets and debts, which can include property, savings, and any shared financial obligations.
No-Fault Divorce
Kentucky operates under a “no-fault” divorce law, which means neither spouse is required to prove wrongdoing or blame the other for the marriage’s dissolution. In this context, the process is simplified as the focus shifts away from assigning fault. Instead, one spouse merely needs to assert that the marriage has become irretrievably broken, indicating there is no realistic chance for reconciliation. This legal framework is designed to facilitate a smoother divorce process, reducing conflict and promoting a more amicable separation for both parties involved.
Residency Requirements
To file for divorce in Kentucky, either spouse must have established residency in the state by living there for at least 180 days. This means that one of the parties should have been physically present in Kentucky for at least six months before the divorce petition is submitted.
How Are Assets Divided in Kentucky?
Kentucky operates under the principle of equitable distribution, which means that assets and liabilities are allocated fairly rather than equally. The court considers several factors in this division, including the duration of the marriage and each spouse’s financial circumstances.
Kentucky’s Custody Laws
In cases involving children, the court will also focus on establishing a fair arrangement for child support and custody. This includes determining the best interests of the child, considering factors such as the parent’s ability to provide for the child’s needs, the relationship between the children and their parents, and each parent’s living situation.
Moreover, in Kentucky, courts generally refrain from issuing a final decree until every relevant issue in a case has been fully resolved. This ensures that all aspects of the matter are addressed. However, in certain exceptional situations, a court may choose to grant a temporary decree to address immediate concerns while the final resolution is still pending. This temporary measure provides interim relief or clarity until a conclusive decision is reached.
How Long Does the Divorce Process Take in Kentucky
In Kentucky, each divorce case is unique and must be evaluated individually. However, in general, when minor children are involved, there is a mandatory waiting period of 60 days after the non-filing party receives the initial filing documents. During this time, the court does not have the authority to finalize the dissolution by signing a decree. This 60-day timeframe is the minimum requirement set by law, and many cases take significantly longer than this period. Various factors, such as the complexity of the issues at hand, negotiations between parties, or additional legal proceedings, can extend the duration before a final decree is issued.
Contact Hoffman Walker & Knauf To Learn More About the Divorce Process
To discuss the divorce process in more detail or review specific questions about your case, contact Hoffman Walker & Knauf today and speak with an experienced Kentucky divorce attorney.
