Divorce in Kentucky

Residency Requirements and Grounds for Divorce

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

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