Louisville, Kentucky Divorce Lawyers & Attorneys in Jefferson County

COMMON DIVORCE QUESTIONS IN KENTUCKY

What Are the Grounds for Divorce in Kentucky?

Kentucky is a “no-fault” divorce state, which means that you do not need to prove wrongdoing or fault of one party to get a divorce. The only requirement is that one or both parties believe that the marriage is irretrievably broken and that there is no reasonable hope of reconciliation. This approach simplifies the divorce process by removing the need for long, contentious legal battles to determine blame. In Kentucky, this is the primary ground for divorce, and it reflects the state’s emphasis on ensuring that individuals can move forward with their lives without being required to prove fault.

Residency Requirements for Divorce & Waiting Period in Louisville, Kentucky

In order to file for divorce in Kentucky, one spouse must be a resident of the state and must have lived or been present in Kentucky for at least 180 days immediately before filing the divorce petition. This residency requirement ensures that the state has jurisdiction over the case. Special provisions are in place for individuals in the military. If a spouse is stationed at a Kentucky military base for at least 180 days, they meet the Kentucky residency requirement even if their home of record is in another state.

Furthermore, Kentucky law mandates that spouses must live separately and refrain from marital relations for at least 60 days before a divorce can be finalized. This waiting period is designed to allow time for the couple to reconsider their decision or explore options for reconciliation. After the divorce petition is filed, Kentucky courts cannot finalize the divorce until a minimum of 20 days has passed in cases without children. In cases where children are involved, this waiting period is extended to at least 60 days to allow time for appropriate arrangements for child custody and support.

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

In Kentucky, divorce cases are typically filed in the Circuit Court, which is the court of general jurisdiction for matters such as family law, criminal cases, and civil litigation. The divorce process begins when the Petitioner (the spouse initiating the divorce) files a Petition for Dissolution of Marriage, which outlines the reasons for the divorce and any issues related to property, custody, support, and alimony. 

The other spouse, who is the recipient of the petition, is referred to as the Respondent. The respondent must be formally served with the divorce papers, and the case proceeds with the Respondent’s response, whether they contest or agree to the terms of the petition.

Legal Separation in Louisville, Kentucky

Legal separation in Kentucky is a formal court procedure where the spouses remain married but live separately and resolve critical issues such as property division, support, and custody. Unlike divorce, a legal separation does not terminate the marriage. This option may be preferable for couples who need time apart but do not wish to completely end their marriage for personal or religious reasons.

During a legal separation, both spouses are legally recognized as living independently, although they are not free to remarry. If the couple decides to reconcile, they may request that the court vacates the separation order. After
one year, by request of either party, the legal separation can be converted into a divorce. This process allows the couple the flexibility to explore their options without the permanent legal consequences of a divorce.

Spousal Support and Alimony in Jefferson County, Kentucky

In Kentucky, spousal support is referred to as “maintenance,” and it is designed to help a spouse maintain a similar standard of living post-divorce or separation. Judges determine eligibility for maintenance based on various factors, including whether the requesting spouse is unable to support themselves due to a lack of property or employment skills. The court also considers the duration of the marriage, the financial circumstances of both spouses, their health, and their respective abilities to support themselves.

Unlike some states, Kentucky does not have a set formula for calculating maintenance. Instead, judges have discretion to decide the amount and duration of spousal support, taking into account the specific circumstances of the case. For example, a spouse may be awarded maintenance if they need time to gain education or training to become financially independent. Maintenance can be awarded on a temporary or permanent basis, depending on the situation, and it may be modified in the future if there is a significant change in circumstances depending on the terms of the original maintenance order.

Distribution of Property and Debt in Louisville, Kentucky

When dividing property and debts during a divorce, Kentucky follows the principle of equitable distribution. This means that marital property will be divided in a way that is fair, though not necessarily equal. Judges have broad discretion in determining how to distribute assets and debts based on the unique facts of each case. Factors such as the length of the marriage, the contributions of each spouse to the marriage, and the financial needs of each party are considered.

Marital property includes assets acquired during the marriage, such as pensions, retirement accounts, real estate, personal property, and bank accounts. Property that is obtained before the marriage or through gifts, inheritances, or personal injury settlements is considered separate property and is not subject to division. Debts incurred during the marriage, such as mortgages or loans, are also divided between the spouses based on the principles of fairness.

Child Custody in Jefferson County, KY

In Kentucky, decisions regarding child custody are made with the best interests of the child as the paramount consideration. There is a legal presumption in favor of joint custody, which means both parents are assumed to be capable of sharing decision-making responsibilities for their child unless evidence shows that it would not be in the child’s best interests. The court evaluates several factors when determining custody, including the child’s emotional and physical well-being, the parents’ relationship with the child, and the stability of the home environment.

In some cases, if the parents cannot reach an agreement on custody, the court may appoint a “friend of the court” to conduct an investigation and provide recommendations for the custody arrangement. Additionally, Kentucky recognizes “de facto custodians,” individuals who have served as primary caregivers and financial supporters of the child. If it is in the child’s best interests, a de facto custodian may be granted custody or visitation rights.

Child Support in Louisville, Kentucky

Child support in Kentucky is determined using state guidelines that take into account both parents’ combined adjusted gross income and the number of children requiring support. While the minimum monthly child support amount is $60, the court may adjust this amount based on factors such as the needs of the child, the financial resources of the parents, and the standard of living the child would have experienced had the marriage not ended.

Kentucky law also allows for the modification of child support orders in the event of a significant change in circumstances. For instance, if there is a substantial change in either parent’s income or the child’s needs, a parent can petition the court for a modification of the support order. This ensures that the child continues to receive appropriate financial support as their needs evolve.

Name Change in Jefferson County, Kentucky

In Kentucky, individuals going through a divorce have the option to restore their maiden or previous name as part of the divorce proceedings. This is a common practice, but it is not automatic. The spouse wishing to revert to a previous name must specifically request this change from the court during the divorce process. It is generally easier to request a name change as part of the divorce rather than after the divorce has been finalized, as this avoids the need for a separate legal procedure.

Once the divorce is final, the individual can use a certified copy of the divorce decree to update their name with various government agencies, including the Social Security Administration, the Department of Motor Vehicles, and banks. This ensures that all personal and legal records reflect the new name, completing the process of name restoration.