Kentucky Divorce Laws can grant a legal separation if requested by both parties
At least one party in Kentucky must meet the residency requirements to file for divorce in the circuit court. The petitioner is the one who initiates the divorce while the other spouse is the respondent. The divorce will be granted with a final Decree of Dissolution of Marriage. The ground for divorce in Kentucky is that the marriage is irretrievably broken and that the parties have lived separately or without marital relations for a certain period of time. If domestic violence is allegedly present, the court may order counseling or mediation if it is requested voluntarily by the victim of the alleged abuse and if it is reasonable. Either spouse may request that a maiden or former name be restored after a divorce.
Kentucky Divorce Laws & Property
Kentucky follows the equitable distribution rules for marital property meaning that the property will be divided fairly but not necessarily equally in half. The court will look at many factors when awarding property, including:
how each partner contributed to the acquisition of the property, including contributions from homemaking or child care
the length of the marriage
the value of the property
whether the marital home should be awarded to the custodial parent
any previous agreements about the property between the parties such as from a premarital agreement
and the economic circumstances of both parties
Property may be considered marital property even if it is titled under one individual’s name versus a co-ownership. Separate property acquired before the marriage may sometimes remain with the original owner unless the property was used by both partners and both partners contributed to increasing the value of the property. Separate property can also include property acquired during a legal separation.
Kentucky Divorce Laws & Alimony
Spousal support is sometimes granted if the court finds that the spouse seeking support lacks the ability to support him or herself. If the supported spouse is the custodial parent, the court may find that it would be appropriate for the parent to not work outside the home and may grant alimony for this purpose. Other considerations for alimony include:
the financial resources of both parties
the duration of the marriage and the standard of living established
whether the supported spouse would need education or vocational training to find employment
the age and health of the spouses
and the ability of the supporting spouse to meet his or her own needs while paying alimony
Kentucky Divorce Laws & Child Custody
The court will award custody based upon the best interests of the child. Kentucky considers the rights of the parents and any non parental or “de facto” custodians. A de facto custodian is someone other than a parent who is considered a primary caregiver and has been shown to provide financial support for the child and with whom the child has resided. A de facto custodian may also be someone with whom the child has been placed via the Department of Community Based Services. The court will consider many factors when awarding custody such as:
the wishes of the parents and any de facto custodians
the wishes of the child, if the child is mature enough to express their opinion
the relationship of the child with both parents and other family members
the child’s adjustment to his or her home, school, and community and how custody will affect that
the physical and mental health of all individuals
and any evidence of abuse or domestic violence.
When a de facto custodian is involved, the court will investigate how this custodian came to care for the child and how the parents were involved. A de facto custodian may be granted legal custody if it is in the best interest of the child. If a parent leaves the family residence because of violence, it is not considered abandonment.
Kentucky Divorce Laws & Child Support
Kentucky uses an income shares model to determine child support. The incomes of both parents are determined and then their individual financial responsibilities to the child are calculated in proportion to their financial abilities. Other considerations when calculating child support include: any special physical, mental, or educational needs of the child that will require extra finances; any special needs of the parents, including medical costs; or any independent financial resources of the child such as a trust or annuity fund.
If financial circumstances change dramatically for either parent at any time while child support is being paid, the court may alter the agreement. Kentucky does not have any provisions that require parents to pay for their child’s postsecondary education.
