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Either party may file for divorce in Kentucky if they have been a resident of the state for at least 180 days prior to filing.
If the person filing meets this criteria, they may file in Circuit Court in the county where either they or their spouse lives.
Anyone can file a divorce with the right paperwork.
Either spouse can file for divorce in Kentucky as long as one of them has been a resident of the state for at least 180 days prior to filing.
As a state, Kentucky has "no-fault" divorce. This means no one has to prove they or their partner have done anything wrong to cause the breakdown of the marriage.
Kentucky only requires that one party believes there is an “irretrievable breakdown” of marriage, with no hope of getting back together.
Yes, Kentucky requires a separation period of at least 60 days before a judge can finalize a divorce. This does not just mean living in separate accommodation, but also requires the couple not to engage in any sexual relations.
However, the separation period can be waived in certain circumstances, such as in cases of domestic violence or abandonment.
Kentucky law splits property equitably, or fairly, but not always equally. This means that divorces in Kentucky are unlikely to follow the 50/50 rule.
When deciding how to split assets, the court will consider various factors, such as each spouse's income and earning potential, their contributions to the marriage, and their financial needs and obligations, to determine an appropriate division of property.
Separate property, such as property acquired before the marriage or through inheritance or gift, remains the sole property of the spouse who owns it.
The cost of divorce in Kentucky can vary depending on several factors such as whether the divorce is contested or uncontested, attorney fees, court fees, and other expenses.
For uncontested divorces, the filing fee costs between $150-$200 and can be completed using Divorce Bob's DIY divorce kit, which starts at $99.
However, for contested divorces, or when divorce attorneys are involved, the average cost of divorce can range from $5,000 to $15,000 or more.
It is best to consult with a divorce attorney to get an accurate estimate of the cost based on your specific situation.
The timeline for a divorce in Kentucky varies depending on the complexity of the case and whether or not the parties are able to reach a settlement outside of court.
At a minimum, if the divorce is uncontested and both parties agree on all matters, couples with children of the marriage will have to wait at least 60 days before the divorce can be finalized.
However, if the divorce is contested and there are issues such as child custody, property division, and spousal support that need to be decided by a judge, the process can take several months to a year or more.
In Kentucky, child custody is decided in the best interest of the child.
The court will consider various factors such as the wishes of the child (if the child is old enough to make a reasonable decision), the mental and physical health of the parents, the relationship between the child and parents, the willingness of each parent to foster a relationship with the other parent, and the living arrangements of each parent.
The court may award joint custody or sole custody to one parent, based on the evidence presented.
If joint custody is awarded, the parents are expected to share in making significant decisions for the child together.