Kentucky State Divorce Law

Kentucky requires that those filing for a Petition for Dissolution of Marriage in the Circuit Court must have maintained residence in the state for 180 days.

Kentucky Grounds for Divorce

As a no-fault divorce state, Kentucky has only one ground for filing divorce: irretrievable breakdown. However, if the court’s examination reveals that there is hope for reconciliation, it may order further attempts through counselling.

Uncontested Divorce in Kentucky

The only means of filing for an uncontested divorce is for the parties to be in agreement concerning every issue in the settlement. In addition, the parties must live apart for 60 days before a Dissolution of Marriage can be granted. If divorce papers are filed and there is no response from the respondent, a Default marriage may be granted.

Contested Divorce in Kentucky

If there are any issues upon which the parties cannot agree, they must file for a contested divorce. These are much more complex and require much more efficient representation by a divorce attorney.

Annulment in Kentucky

While a divorce is the legal means for ending a legal marriage, annulment is a decree ending an illegal marriage and making it void. The grounds for an annulment, which are difficult to prove, include:

• Fraud and duress
• Incest
• Mental illness, which adversely affects the marriage
• Bigamy
• Underage marriage to someone under 16 without parental consent

No Fault Divorce in Kentucky

Kentucky law states only one ground for no-fault divorce in the state, irretrievable breakdown of the marriage relationship. If the court finds those grounds to be proved, the court will generally grant the Dissolution of Marriage after the couple has lived apart for 60 days or more.

Kentucky Fault Divorce

There are no grounds for a fault-based divorce in Kentucky.

Kentucky Divorce and Child Custody

Child Custody Laws

Kentucky courts give equal weight to both parents and to a de facto custodian when determining the custody of a child of divorce. In addition, the court considers other factors in making their decision:

• The parents’ or de facto guardian’s wishes
• The child’s wishes
• The relationship of the child to the parents, other siblings, and any other people who may affect the best interests of the child
• The child’s adjustment to their home, school, and community
• The mental and physical condition of all involved
• Any evidence of domestic violence
• The record of any care provided by a de facto custodian
• The purpose the child was place with a de facto custodian
• The circumstances under which the child was placed in the care of a de facto custodian

Child Alimony

Kentucky state Child Support Guidelines are generally used to determine a reasonable amount of child support, without regard for the gender of the parent or any marital misconduct. However, there are some circumstances that may influence the amount of child support:

• Any excessive medical needs
• Any excessive educational, vocational, or other special needs of the child
• Any excessive needs of the parents
• The financial status of the child
• Any excess income for either parent
• Any prior agreement between the parents concerning child support, as long as no public assistance is included

Kentucky uses the Income Share Model to calculate support estimates, as well as Child Support Worksheets.

Kentucky Divorce Spousal Support

Spousal support, or alimony, is awarded in a reasonable amount based on several factors:

• The financial resources of the dependent party
• The time required to train or educate the dependent party to help them become independent and self-supporting
• The prior standard of living during the marriage
• The length of the marriage
• The condition of the parties
• The ability of the party providing support to meet their own needs and those of the dependent party

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Kentucky

Spouses in the military are protected by Kentucky law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Kentucky Divorce Lawyer?

While the only grounds for which a Kentucky resident can file for divorce is the irretrievable breakdown of the marriage, many factors must be resolved in order for a divorce to be granted. If any of those elements are points of contention, it is vital that the parties have legal representation to help negotiate a resolution or to present their client’s position in court. These elements may have long-term consequences, especially in relation to child custody, or child and spousal support. Without appropriate representation, it may be difficult to obtain the rights that they deserve.

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