Lexington, Kentucky Divorce Lawyers & Attorneys in Fayette County

COMMON DIVORCE QUESTIONS IN KENTUCKY

What Are the Grounds for Divorce in Kentucky?

Kentucky is a “no-fault” divorce state, meaning you do not need to prove fault for the divorce to be granted. The only requirement is that one or both spouses believe the marriage is irretrievably broken, with no reasonable hope of reconciliation. This approach simplifies the process by eliminating the need for contentious disputes over blame.

Residency Requirements for Divorce & Waiting Period in Lexington, Kentucky

To file for divorce in Kentucky, at least one spouse must have been a resident of the state for at least 180 days prior to filing the petition. For military personnel stationed in Kentucky, the residency requirement can be met even if their home of record is in another state.

Kentucky also requires a 60-day separation period before a divorce can be finalized. The divorce cannot be concluded for a minimum of 20 days if there are no children, or 60 days if children are involved. This waiting period allows time for reconciliation or to finalize arrangements for children.

Name of Court and Title of Action/Parties in Lexington, Kentucky

Divorce cases in Kentucky are filed in Circuit Court. The spouse who initiates the divorce is the Petitioner, and the spouse receiving the petition is the Respondent. The Respondent must be formally served with the divorce papers, and the case proceeds depending on whether they contest or agree to the petition’s terms.

Legal Separation in Lexington, Kentucky

Legal separation allows spouses to live apart and address issues like property division and support without ending the marriage. This option may be ideal for couples seeking time apart but not wanting to divorce for personal or religious reasons. After one year, either party can request to convert the separation into a divorce.

Spousal Support and Alimony in Fayette County, Kentucky

In Kentucky, spousal support (referred to as “maintenance”) is awarded based on various factors, such as the requesting spouse’s ability to support themselves, the length of the marriage, and both spouses’ financial circumstances. The court has discretion over the amount and duration of maintenance, which can be temporary or permanent. Maintenance can be modified if significant changes occur.

Distribution of Property and Debt in Lexington, Kentucky

Kentucky follows the principle of equitable distribution, meaning marital property is divided fairly, though not necessarily equally. Judges consider factors like the marriage’s length, each spouse’s contributions, and their financial needs. Separate property, such as assets obtained before marriage or through gifts and inheritances, is not subject to division.

Child Custody in Fayette County, KY

Kentucky courts prioritize the best interests of the child in custody decisions. Joint custody is generally presumed to be in the child’s best interest, unless evidence suggests otherwise. The court considers factors such as the child’s relationship with each parent, the parents’ ability to provide a stable environment, and the overall well-being of the child. In some cases, a “friend of the court” may be appointed to investigate and recommend a custody arrangement.

Child Support in Lexington, Kentucky

Child support in Kentucky is calculated using state guidelines, which take into account the combined income of both parents and the number of children. The minimum child support is $60 per month, though this amount can be adjusted based on factors like the child’s needs and the parents’ financial resources. Child support orders may also be modified if there are significant changes in circumstances.

Name Change in Fayette County, Kentucky

As part of a divorce proceeding, individuals can request to revert to their maiden or previous name. This request must be made during the divorce process, and it is generally easier to complete this change during the divorce rather than afterward. Once the divorce is finalized, a certified copy of the divorce decree can be used to update the name with government agencies and financial institutions.