Kentucky men’s divorce lawyers address commonly asked questions about divorce laws and the divorce procedure in Kentucky.
Here are the answers to some of the most often-asked questions concerning Kentucky divorce laws.
Frequently Asked Questions About Kentucky Divorce Laws
What legal reasons exist in Kentucky for divorce?
The parties must have been separated and apart for 18 consecutive months in Kentucky before there may be a no-fault divorce, proving there is no reasonable chance of reunion. Note that divorce is sometimes referred to as “dissolution” in KY courts.
The following are some of the faulty reasons for divorce in Kentucky:
- Unbridgeable Disparities. If the parties can demonstrate that they have had irreconcilable differences for at least six months, they may still live together while filing for divorce.
- extreme brutality to the mind or body
- Adultery Desertion
- constructive abandonment
- habitual intoxication or drug use
- illicit sexual activity
- Bed and board divorce may subsequently be changed to a divorce decree.
Both parties must request this remedy, which may be changed into a divorce action.
How much will my divorce in Kentucky cost? Can I pay for it?
The cost of your divorce is determined by the intricacy of your case and the other party’s actions and cooperation (or lack thereof). Your lawsuit will be more expensive if it includes child custody and child support.
The cost will be higher if your case includes a complicated marital estate. The less complex the issue, the less expensive it may be.
Nonetheless, consider your situation. Is it difficult, and will the opposing party debate on most issues? You might expect to pay extra legal fees if this is the case.
Do I need to pay a lawyer in Kentucky for a divorce?
The only way to guarantee that you know every safeguard available under Kentucky state law in divorce is to hire an attorney. Relying on Internet research and word of mouth is untrustworthy and nearly always provides a partial or incomplete picture of what you should anticipate.
Is divorce legal in Kentucky in equal measure for both parties?
An “equitable distribution” state is Kentucky. This denotes that property is distributed “fairly” among the parties. That does not imply that it will be divided equally between couples. The length of the marriage, the teams’ age, health, living level, financial situation, and other factors may affect how assets are distributed.
How long must you be apart in Kentucky before you may petition for divorce?
Before filing for a no-fault divorce in Kentucky, the parties must have been separated for at least 18 months. If the divorce is fault-based, there is no need for separation.
Is it possible to get a divorce in Kentucky based on marital fault?
Adultery, desertion, frequent alcoholism or drug habituation, incarceration, and deviant sexual conduct are all grounds for fault divorce in Kentucky, as seen above.
In Kentucky, may I collect alimony, or would I have to pay maintenance to my spouse?
Alimony may be given to the dependent spouse in particular instances. Limited duration alimony, permanent and rehabilitative alimony, reimbursement alimony, or a mix of these will be ordered in Kentucky.
For example, a spouse unable to get the requisite skills and training to find work and support themselves may be eligible for lifelong alimony. On the other hand, a spouse may contact rehabilitative or reimbursement alimony if they can obtain the requisite knowledge or skills to support themselves.
Can I acquire an annulment in Kentucky?
Annulments are available if any of the following conditions are met:
- At the moment of marriage, either partner had another spouse.
- The parties are connected and closer than first cousins.
- The male spouse is impotent, and the other spouse was unaware of this before marriage.
- Neither party could marry at the time of marriage due to a mental illness, intoxicants, or narcotics.
- Due to coercion or deception, there was a lack of mutual consent to the wedding.
- An annulment request is submitted by a spouse under 18 at the time of marriage and does not confirm the marriage after turning 18.
In Kentucky, when may I apply for divorce?
The state of Kentucky has a one-year residence requirement. Before filing for divorce, you or the other party must have lived in Kentucky for at least a year. If infidelity is the reason for the divorce, there is an exemption. In this instance, the one-year requirement preceding the litigation is relaxed.
How long does it take to get a divorce in Kentucky?
The answer to this issue, like the expense of divorce litigation, is unpredictable and relies on the circumstances of the unique case. It is determined by the number of problems involved, such as custody, support, property split, etc.
Do I have to appear in court?
Yes. If you are a particular number of miles away or experiencing a hardship, you may be granted permission to appear by phone. However, this is often at the discretion of the court or specific judge presiding over your divorce case in Kentucky.
What should I do if my efforts to serve my spouse fail?
You must get authorization from the court to serve by publication. You must demonstrate that you employed reasonable efforts to identify the defendant to obtain approval.
How long after a divorce can you get married again or date in Kentucky?
After a divorce, you can be married again at any time. But only when your divorce has been finalized and a decree issued. You may begin dating when it is acceptable, given your particular circumstances.
What happens if my partner refuses to get a divorce?
You must try to prove that you have been apart for 18 or more months or that one of the fault grounds is true.
Do the other matters, like child support, custody, alimony, and property, need to be resolved before a divorce in Kentucky is declared finalized?
Typically, no. In many situations, deciding on alimony and property matters is desirable after the divorce. Child custody and child support are two different matters that may be resolved long after a divorce and can occur independently of one. Consider the three issues of divorce, child support, and custody as distinct entities.
How long must I reside in Kentucky before I may divorce?
Usually, one year unless someone makes an adultery claim.
Do I have to stay in Kentucky once I file for divorce?
No, provided you were a resident at the time you filed.
What paperwork do I need to get a divorce in Kentucky?
An Affidavit of Verification and Non-Collusion, a Divorce Complaint, an Affidavit or Certification of Insurance Coverage, a Confidential Litigant Information Sheet, and an Affidavit of Notification of Complementary Dispute Resolution Alternatives are all required documents.
How and where is a divorce suit filed in Kentucky?
The divorce complaint is filed with the relevant county’s court clerk in Kentucky.
How can I serve my husband with the divorce complaint? in Kentucky?
You may serve the Summons and Complaint on your spouse via the sheriff. If the sheriff cannot help the plaintiff, the plaintiff’s attorney or any uninvolved individual over 18 may do so.
Certified mail service is permitted if personal assistance is ineffective despite reasonable faith efforts.
In Kentucky, how is a divorce granted? Will I have to appear in court?
In an uncontested divorce, the moving party must appear in court and testify on the record on the material offered in their complaint. If the defendant has filed a response, they must also appear.
How can I establish blame in a divorce in Kentucky?
A hearing on the grounds for divorce may be required. You will provide evidence and potential witnesses to back up your assertions.
Can a couple lawfully marry in Kentucky by living together as a man and wife (common law marriage)?
Common law marriage is not recognized in Kentucky.
How Does Divorce Work in Kentucky?
To get a divorce in Kentucky, you must either provide evidence of your partner’s guilt or have been apart for at least 18 months. The next step is to petition for divorce by completing all the necessary paperwork and submitting it to your local court. Depending on the parties involved, it could be advantageous to have legal counsel to ensure the procedure can be concluded as quickly as possible. From then, it will change based on a number of events that might happen during the proceedings. During this procedure, professional legal counsel is strongly advised.
In Kentucky, is divorce without blame possible?
Kentucky is a “no-fault divorce” state when seeking a divorce. This implies neither side is at fault for a marriage ending when a divorce is finally granted. In Kentucky, a divorce may be granted without pointing the finger of guilt at either side.
What happens if I file for divorce in Kentucky and have a kid?
If you have a kid and file for divorce in Kentucky, you must complete a parenting education course. All divorced parents with small children are obliged to attend this program. This is intended to lessen the anguish of divorce and separation for parents and kids. The divorce procedure must be finalized with both parents’ completion of the course unless the court grants a waiver to waive this obligation.
Is it essential in Kentucky who files for divorce first?
In Kentucky, it makes no difference who files for divorce first. You or your spouse may initiate the procedure by filing a complaint with the court. Throughout the process, whoever files the case first is referred to. The one spouse is referred to as the plaintiff, while the other is referred to as the defendant.