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Residency Requirements and Grounds for Divorce
Dividing the Property
Alimony
Child Custody and Visitation
Child Support
Residency Requirements and Grounds for Divorce
Kentucky is a no-fault state where either spouse may obtain a divorce due to an irretrievable breakdown of the marriage. Either you or your spouse must be a resident of Kentucky for at least 180 days prior to filing for a divorce. A divorce will not be granted until the spouses have lived apart for 60 days.
The legal divorce process begins when one spouse files a complaint for dissolution of marriage with the Circuit Court within the county where either spouse usually resides. After the divorce complaint has been filed, either spouse can request temporary assistance from the court in the form of temporary custody and child support orders as well as orders to determine who pays community debts on a temporary basis.
There is a simplified divorce procedure in Kentucky that is available to couples that are in agreement about property and debt division, child custody, child support and visitation matters. The spouses may enter into a written separation agreement that becomes part of the divorce in Kentucky.
Dividing the Property
Kentucky is an "equitable distribution" state. The spouses are allowed to keep their "separate property," which is property acquired before the marriage and any gifts or inheritance. All other property is considered "marital property" and is divided, without regard to any marital misconduct, based on numerous factors including:
- Contribution of each spouse to the acquisition of the marital property, including contribution of a spouse as homemaker
- Value of separate property
- Duration of the marriage
- Economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home or the right to live there to the spouse that has custody of the children
It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Kentucky divorce lawyer can save you a lot of time and money.
Alimony
A court can order alimony, also called maintenance, to either party in Kentucky, but only if it finds that alimony is necessary because the spouse seeking maintenance:
- Lacks sufficient property, including marital property apportioned to that spouse, to provide for the reasonable needs of that spouse
- Is unable to support self through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home
The court considers the following factors when determining the amount and duration of maintenance:
- Financial resources of the spouse seeking maintenance
- Time necessary to acquire sufficient education or training to enable spouse seeking maintenance to find appropriate employment
- Standard of living established during marriage
- Duration of marriage
- Age, physical condition and emotional condition of spouse seeking maintenance
- Ability of spouse from whom maintenance is sought to meet own needs while meeting those of spouse seeking maintenance
A court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a "change in circumstances."
Child Custody and Visitation
In Kentucky, the court may award sole or joint child custody to either spouse. Custody is awarded based on the best interests of the child and on the following factors:
- The child's preference
- Wishes of the parents
- Child's adjustment to his or her home, school and community
- Mental and physical health of the individuals involved
- Relationship of the child with parents, siblings and other family members
- Information, records and evidence of domestic abuse
The conduct of a parent that does not affect the relationship with the child is not considered in the custody determination. Abandonment of the family home by a parent is not to be considered if the parent fled due to physical harm or threats of physical harm by the other spouse.
After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court by filing a "Petition for Modification." If it is in the best interest of the child, the judge may decide to modify the visitation order.
Child Support
In Kentucky, child support may be based upon a pretrial agreement between the parents. The court will probably award the support in the agreement if it determines that the agreement is reasonable. If the parents have not reached an agreement, the court will refer to the Kentucky Guidelines and relevant factors to determine the amount of child support.
The court will generally take the following factors into consideration in making a support award:
- Quality of lifestyle the child would have most likely experienced had the divorce not taken place
- Financial resources of each parent
- Age and health of each parent
- Income and earning capabilities of each parent
- Willingness both parents demonstrate to allow visitation
- Impact on each parent maintaining two households
- Child's educational needs
- Age and health of child
- Possibility of child obtaining employment
- Tax liabilities of each parent
- Desire on the part of each parent to have sole or joint custody
- Employment stability and potential of each parent
A Kentucky child support order can be modified if there has been a drastic change in circumstances. The parent seeking the modification must file an order with the court that shows evidence of the change in circumstances.
Some of the factors generally considered for modification are:
- Parent's income and earning capacities
- Assets that are available for support
- Employee benefits of each parent
- The income of a new spouse or cohabitant
- New family responsibilities of each spouse
- Increase in the cost of living
- Change in cost of rearing the child
- Heath conditions of parents and child
- Modification of custody arrangement
Related Web Links:
- Kentucky Court of Justice
- Kentucky Family Court
- Kentucky Domestic Relations Scroll to TITLE XXXV
- Kentucky Child Support Worksheet
- Kentucky Division of Child Support
- Kentucky State Profile
- Family Law: Selecting a Good Lawyer
- Divorce - General message board for more help
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