Divorce, sometimes called dissolution or legal separation, is the process of ending a marriage through formal legal proceedings. It ends and creates new legal obligations. Kentucky has a “no-fault” divorce, which means no one is responsible for the breakdown of the marriage. Kentucky simply requires that at least one party believe that there is an “irremediable breakdown” of the marriage with no hope of reconciliation. See KRS 403.025 and KRS 403.170 (Kentucky Revised Statutes). Each case is different and takes a different time. Some Kentucky counties have specific filing requirements and disclosures that must be filed. If children are involved, your county may also ask you to take a parenting education course during the divorce. The time it takes to divorce depends on your situation. In general, couples with children of marriage in Kentucky must wait at least 60 days before the divorce can be completed. The court can issue injunctions once the divorce has been filed, but the actual divorce and final orders cannot take place until 60 days after the divorce date. This can take more than 60 days, depending on the problems in your case and the court`s schedule.
Once all the issues have been resolved by court order or by agreement of the parties, the court will usually issue a judgment on the dissolution of the marriage, which makes the divorce final. Dating can complicate problems if custody or timeshare of minor children is involved, or if you are trying to have an uncontested divorce. Support is financial support from or to your spouse. A judge may provide you with child support if they determine that you do not have enough property or assets to meet your needs and one of the following is true: No. In Kentucky, it is not necessary for outgoing spouses to live separately. Although the dynamics of the parties often lead to someone moving voluntarily; This is not a requirement to get a divorce. The minimum time limit for a divorce action in Kentucky is thirty days (if there are no minor children) and sixty days (if there are minor children between the parties) from the date of filing and entry of the executive order. In an uncontested divorce, also known as a “divorce by agreement,” the parties have agreed on how they will allocate all property and debts. If they have minor children, they have agreed on all matters relating to the children and on all other remaining matters of the divorce action.
In the case of an uncontested divorce, the process is much faster, the stress is less, and the divorce and associated legal fees are much cheaper. In Kentucky, when you end a marriage in court, it`s called the dissolution of the marriage. This is another name for divorce. In these questions, we use the term divorce, but it is important that you remember that the legal process is called the dissolution of marriage. If a spouse has not hired a lawyer, the documents must be delivered to his or her home. If they have a lawyer, the documents must be handed over to the law firm. Determining the type of divorce you want is crucial as it sets the stage for several other decisions and activities that you need to pursue, especially if minor children are involved. In addition, at least one spouse must have lived in Kentucky for at least 6 months before applying for separation. You must also live separately for at least 60 days. It is acceptable to live under the same roof in separate rooms, as long as sexual relations do not take place. There is a residency requirement to file for divorce in Kentucky.
You must have been a kentucky resident for 180 days before filing for divorce in Kentucky. If you wish to respond, you must send your response to your spouse or your spouse`s lawyer within 20 days of the date you received the divorce documents. You must also submit your response to the court within a few days of sending this copy to your spouse or his or her lawyer. If Kentucky is your home state, it may be possible to file an application for dissolution of marriage in the state of Kentucky. However, if you have children who have never lived in the state of Kentucky, Kentucky may not have the authority to decide custody and you may need to file an application in the state where the children reside. While not all couples need a divorce lawyer for their separation, it`s always a good idea to have one if something goes wrong. Finally, separation is a binding legal action that deals with alimony, custody arrangements, access rights and other factors. Working with an experienced Kentucky divorce lawyer from an accredited law firm is never a bad idea. If you`re considering an uncontested separation or divorce in Kentucky, contact O`Bryan Law Offices today. We offer free consultations before establishing a mandate relationship.
Call our Louisville law firm today at 502-400-4020 to make an appointment. You can file for divorce, but the court will only grant it after the birth of the child or the end of the pregnancy. In Kentucky, a judge may grant you the divorce if you or your spouse were living in Kentucky at the time the divorce petition was filed (including if you were stationed in Kentucky as a member of the armed forces); and for at least 180 days (6 months) before filing the divorce petition.1 You don`t need to hire a Kentucky attorney to get a divorce. The only person who can decide if you need a lawyer is you. This is best achieved when both spouses agree and there is little property to share. You probably shouldn`t use the state`s self-help forms if you and your spouse have separation disputes about minor children or if you own a valuable business. The Kentucky Legal Aid Network offers many resources on divorce, including: From step-by-step guides to unlimited live support, here are some of the reasons why 3 Step is our recommended online divorce resource #1: These are usually very similar to the grounds for divorce. Common grounds for legal separation in Kentucky are as follows. If you date someone while your divorce is pending, you won`t be deterred from getting a divorce. Overall, this obscures the water for a divorce trial, but is not prohibited.
If there are minor children, a final hearing cannot be held until at least 60 days after the application has been served on the other party (the defendant). A marriage dissolution decree can only be registered if the parties have “lived separately” for at least 60 days (meaning they have not had sex, even if they still live in the same household). If one of the parties denies under oath that the marriage is irretrievably broken, the judge must determine whether the marriage is irretrievably broken, or pursue the case for 30 to 60 days and suggest that the parties seek advice. Fully contested divorces can amount to tens of thousands of dollars, depending on the divorce controversy, the type of assets involved, and the extent of the disagreement with custody and child support issues. Divorce is the legal termination of a marriage. Legal separation does not legally end the marriage, but allows a couple to spend time apart to see if they want to continue their marriage or convert the legal separation into divorce. Couples who wish to spend time apart can apply for legal separation. Legal separation is a court order that prescribes the rights, duties and obligations of a couple with respect to property, assets, debts and children when they live separately. Some couples spend a few months sorting things out and stay married and other couples convert their separation into divorce.
The parties must wait at least one year before they can convert a divorce decree on legal separation into divorce. Some couples also apply for separation without divorce without divorce, even if they do not consider reconciliation, in order to continue to grant one of the spouses access to the privileges or rights granted under the marriage. This is most often observed with regard to maintaining coverage in a spouse`s health insurance. People who choose between divorce and legal separation should always consult a lawyer to determine what is the best option in their specific case. The difficulty is that both parties have to agree on all divorce issues. As with property and debts, a divorce decree or separation agreement must govern the custody and parenting time of minor children. KRS 403 270 If you and your spouse cannot agree on custody or parental time, the court will make these decisions at trial. The court will make a decision on custody and parental time based on what it considers to be in the best interests of the child. In determining the “best interests” of the child, the court considers a variety of factors, including the wishes of the parents, the wishes of the child, the child`s relationship and interaction with parents, siblings and any other person that could have a material impact on the best interests of the child. The court will also consider factors such as the child`s adjustment to their home, school and community, the mental and physical health of everyone involved, as well as information, records and evidence of domestic violence and substance abuse. KRS 403.270 If you do not know where your spouse is and you do not have reasonable means of knowing where he or she is, you can file an application for the appointment of a lawyer for a warning. An attorney for a warning order is a member of the Kentucky Bar who must make a careful effort to find your spouse and inform them by mail that you have filed for divorce in Kentucky.
This way, you can ensure that your rights are protected while saving time, money, and anxiety for the next steps of your divorce. One of the first things you need to decide is the type of divorce you want. There are several possible options in Kentucky.