Divorce in Kentucky: Understanding the Process and Key Considerations
What Is Divorce?
Divorce, legally referred to as the dissolution of marriage in Kentucky, is the legal process that terminates a marital relationship. Beyond ending the marriage, divorce proceedings address critical issues such as property division, spousal support, and the future of minor children.
In Kentucky, divorce is governed by KRS Chapter 403, which establishes the legal framework for the dissolution process, including residency requirements and procedural rules.
Grounds for Divorce in Kentucky
Kentucky is a no-fault divorce state, meaning that the only requirement to file for divorce is that the marriage is "irretrievably broken." Neither spouse needs to prove fault, such as adultery or abuse, for the court to grant a divorce.
Residency Requirements
To file for divorce in Kentucky:
At least one spouse must have lived in Kentucky for a minimum of 180 days (6 months) before filing.
The petition must be filed in the family court of the county where either spouse resides.
Key Steps in the Divorce Process
Filing the Petition
The divorce process begins when one spouse files a Petition for Dissolution of Marriage in family court. The other spouse must be formally served with the petition.
Response
The responding spouse has a set period (usually 20 days) to file an answer to the petition.
Temporary Orders
Either party may request temporary orders for issues such as spousal support, exclusive use of the marital home, or other urgent matters while the divorce is pending.
Financial Disclosure
Both parties are required to disclose all assets, debts, income, and expenses. Full and accurate financial disclosure is critical for fair property division and support determinations.
Negotiation or Mediation
Most divorce cases involve negotiation or mediation to resolve disputes over property, debts, and support without going to trial.
Final Hearing and Decree
If the parties reach an agreement, the court reviews and approves the settlement. If not, the case proceeds to trial, and the judge issues a final decree resolving all outstanding issues.
Property and Debt Division in Kentucky
Kentucky follows the principle of equitable distribution, meaning that marital property and debts are divided fairly but not necessarily equally. Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title.
When it comes to debts, Kentucky courts typically assign responsibility as follows:
Debts incurred by one spouse are generally assigned to that spouse unless it can be proven that the debt was for a joint purpose benefiting both parties or the marital estate.
Joint debts, such as mortgages or shared credit cards, are typically divided equitably based on the financial circumstances of each spouse.
Key factors considered in property and debt division include:
The length of the marriage.
Contributions of each spouse to the marital estate, including non-economic contributions like homemaking.
The value of each spouse's separate property.
The purpose of debts and whether they benefited both parties.
Note: Property acquired before the marriage or through inheritance or gift is generally considered non-marital property and is not subject to division.
Spousal Support (Alimony)
The court may award spousal support if one spouse lacks sufficient income or property to meet their reasonable needs. Spousal support is determined based on factors such as:
The length of the marriage.
The financial resources and earning capacity of each spouse.
The standard of living established during the marriage.
Spousal support can be temporary, rehabilitative, or permanent, depending on the circumstances.
Custody and Parenting Time
Issues related to custody and parenting time are addressed separately from property and support matters. For detailed information about child custody, parenting plans, and visitation, please refer to our Custody and Parenting Time page.
How Millard Law Can Help
Divorce can be a challenging and emotional process, but having an experienced attorney by your side can make all the difference. Dominic V. Millard is committed to guiding you through every step of the divorce process, ensuring your rights are protected and helping you achieve a fair outcome.
Contact Millard Law today to schedule a free consultation and discuss your case with a dedicated family law attorney serving Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties.
Relevant Statutes
For more detailed legal information about divorce in Kentucky, refer to:
KRS 403.140: Grounds for dissolution of marriage.
KRS 403.190: Division of property and debts.
KRS 403.200: Spousal support.