Divorce Laws in Kentucky

KY divorce laws: Adultery

Kentucky is a no-fault state, meaning the couple is not obliged to provide extensive reasoning behind their decision to terminate their marriage. Normally, indicating irreconcilable differences or that the marriage is irretrievably broken is enough for the judge to process the divorce. However, please note that both spouses need to indicate the same reason for divorce in the paperwork for the divorce to be uncontested, and therefore less time-consuming and troublesome. The only way Kentucky divorce laws on adultery might influence the divorce process is when a judge needs to make a decision on the amount of alimony. Otherwise, according to the divorce laws in KY, adultery doesn’t have any impact on the process.

The same applies for abandonment. If a husband or wife walks away from their family for no specific reason and abandons all his/her financial obligations, it is called spousal abandonment. KY divorce laws on abandonment don’t indicate that it should influence the court’s decision to grant a divorce.

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As for Kentucky divorce laws on property division, KY is not a community-property state. This means that property attained in a marriage is usually broken down equitably between the spouses, so if needed, the judge divides the property upon their consideration. As for the property that was acquired prior to marriage, in most cases the right to this property is restored to the initial owner. However, it might create an extremely long and complicated case. That’s why it is better to reach a consensus with your partner prior to going to court. When it comes to an uncontested divorce in KY, meaning the couple has already settled all their disagreements, the judge normally honors the conditions of the deal reached by the couple. So, if possible, it is recommended you deal with the issues of maintenance, land, property, funds, insurance, kids and tax together and then file for divorce. It will save you a great deal of time and money.

In the state of Kentucky, divorce laws claim that even if one of the spouses doesn’t want to end the relationship, the court will still decide that there is no way for the relationship to prosper. However, divorce laws in Kentucky require partners to live apart (or under the same roof without any physical relationship) for at least 60 consecutive days.

Also, in KY, state divorce laws specify that after the spouses have filled out the paperwork and filed for divorce, it takes at least two calendar months for the court to grant the divorce. However, in some cases of uncontested divorce, it might go faster - specifically if there are no mutual children and both spouses have agreed on all the aspects peacefully. The county clerk might hear both parties, making the process easier.

Divorce process in Kentucky

In order to end the marriage, you need to meet the Kentucky state law on divorce requirements. The main requirement is for at least one spouse to live in Kentucky for the last six months. Here is brief recap of the overall Kentucky divorce process.

One of the partners should start the divorce; in this case, he or she will be the petitioner and will be responsible for the filing fees. They differ from county to county, but rarely exceed $150. Please note that you need to go to the circuit or family court of your local county. If you opt for an uncontested divorce, the process will be simpler in regards to paperwork and time, and will be less expensive. Take into account that you can pay the filing fee with either a money order or cash.

You need to get all the correct forms, sign them, file with a court, and pay the filing fee. If you don’t have the correct divorce paperwork for your case, we will be able to help you with this if the divorce is uncontested. After the petitioner has filed for divorce, the court will serve the documents to the other party. As soon as both of you have signed the documents, you need to wait.

Kentucky no-fault divorce law allows couples to finalize their marriage 60 days after all the paperwork was filed.

Kentucky state law on divorce also indicates that partners can remarry or marry someone else after they have received the document confirming the dissolution of the marriage. Any marriage taking place prior to that will be annulled.

States divorce law