Divorce, also known as, dissolution is the term defined as ending a legally binding marriage through an official court of action.
The “irretrievable breakdown” of the marriage is defined by KRS 403.170 as “both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it.”
While Kentucky is a “no fault” state, there are statutory requirements that must be met to file for a divorce in Kentucky.
The parties must have lived separate and apart for 60 days (but can include living under the same roof without sexual cohabitation) until the final dissolution is granted.
If the parties have minor children, there is a 60-day waiting period from the time the Respondent enters his or her response in the divorce, after the Petition is filed.
Additionally, it is important to ensure Kentucky has proper jurisdiction.
At least one of the parties must be a resident of Kentucky and having been for at least 180 days prior to filing the petition for dissolution.
Finally, if the Wife is pregnant, the court may not allow the finalization of the divorce until the child is born (KRS 403.150).
When it comes to dividing assets and property, Kentucky utilizes what is called equitable distribution laws.
Essentially, what that means is that the court will “divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including:
(a) Contribution of each spouse to acquisition of the marital property, including contribution of a spouse as homemaker;
(b) Value of the property set apart to each spouse;
(c) Duration of the marriage; and
(d) 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 therein for reasonable periods to the spouse having custody of any children (KRS 403.190)”
If the parties have minor children born of the marriage “there shall be a presumption that joint custody and equally shared parenting time is in the best interest of the children (KRS 403.270).”
Child support calculations will be based off of the custody agreement and parenting time schedule.
In general the parent making more income will owe the parent making less income, some amount of financial support. Parties are however, able to agree to deviate from the child support obligation.
Like every important legal matter, you can do the research and learn as much as possible on your own, however, it’s important to consider hiring an attorney who can assess your specific situation and needs.
Melissa Doss Law is here to help walk you through the process!
