Learn How to File for a Kentucky Divorce and Prepare for Court

Marriage is universally regarded as an institution which should be preserved to the best of our efforts. However, a situation might arise where your married life becomes broken down in a thoroughly irreparable way. If you are a resident of Kentucky, there are certain laws that can help you get a divorce, and avoid further messy situations.

The chapters 403.140 and 452.470 of the Kentucky statutes clearly state the residency requirements you need to fulfill before filing a case for divorce from your spouse. These Kentucky divorce laws state that prior to the date of petitioning the court, you must have resided a minimum of 180 days in the State of Kentucky. ‘Divorce’ and ‘Dissolution of Marriage’ carry the same legal connotation in the Kentucky courts.

When moving for a divorce case in a court in Kentucky, you have to clearly state the reason for your doing so. The most common (and effective) such grounds is ‘irretrievable breakdown of marriage.' The court reserves the right of analyzing the situation, in cases there are discrepancies of opinion between you and your spouse.

There is a specified period for which you and your partner must live separately before the court can actually pass a legal decree regarding your divorce. In the Kentucky courts, this time is stipulated at 60 days. While there are no objections to sharing the same apartment, there should not be any physical relationship between you and your spouse during this time span.

The divorce petition that you file in the capacity of a petitioner is heard by a Family Law Court, or a Domestic Relations Court. Your spouse is supposed to receive a copy of this petition for divorce. Once done, the court will oversee the entire procedure.

The Kentucky court where all hearings of divorce cases are held has a separate legal name of the Circuit Court. The case you file will be assigned a unique case number, and all related issues such as property rights, child custody, and alimony payments are all decided upon by the authorities at the Circuit Court.

The Paperwork

The Petition of Dissolution of Marriage, together with the Decree of Dissolution of the marriage, forms the two chief divorce papers that you and your spouse require. The Kentucky laws state that both of these documents are essential for the initiation as well as the proper completion of the divorce hearings. The Circuit Court of any county has an assigned Court Clerk, who is in charge of arranging the hearing schedule for your divorce case.

Property Distribution and Divorce

During a divorce process, the Kentucky authorities ensure that the properties and assets that you and your spouse may be in possession of would be distributed in a ‘justifiable’ manner between the two of you. While Kentucky laws are in favor of equitable property distribution, this does not necessarily mean that assets would be equally divided between you and your partner.

Alimony and Divorce in Kentucky

Alimony arrangements are required in only such divorce cases as is deemed necessary by the court. In case you (or your spouse) are in need of being financially supported, alimony can come into effect. Broadly speaking, alimony can be of two types – temporary alimony, and the more long-standing spousal support payments.

In Kentucky, when you are filing for divorce, you get the option of discussing with your estranged spouse regarding the custodial issues of the children (if any) from the marriage. In case the two of you cannot come to a consensus on this issue, the court can use discretionary rights to resolve the problem.

At all points in time, the best interests of the child are given the highest priority by the legal authorities at Kentucky. While determining custodial rights of a child, both your and your spouse’s wishes will be considered by the Kentucky court, together with the child’s comfort level with you and your spouse. The wishes of the child him/herself are also given due importance.

It is not difficult to get a divorce petition granted in Kentucky, provided that all requisite regulations are followed by your spouse, yourself, and any professional help that you might have hired.