Kentucky Divorce Law

If you are thinking about a divorce or legal separation in Kentucky, it is important to understand Kentucky divorce law that controls the process. In Kentucky a divorce or legal separation can create a number of issues that you should understand including grounds for divorce, residency requirements, and division of marital property. It is important to contact a Kentucky divorce attorney when thinking about divorce or legal separation in Kentucky.

As an alternative to divorce, a party may request the court grant a legal separation. Unlike divorce, a legal separation does not terminate the marriage in Kentucky. A legal separation in Kentucky requires the same procedures as a divorce, so should the legal separation result in a dissolution of marriage later on the parties may not need to repeat the procedure in its entirety. In order to obtain a legal separation in Kentucky, a party must show that it meets residency requirements, that the marriage is irretrievably broken, and that issues such as child custody and child support, spousal support, and division of property have been resolved by a separation agreement between the parties or by the court. A legal separation cannot become a dissolution of marriage until one year has passed. If the parties have been legally separated for more than one year, either party may ask the court to grant a final dissolution of the marriage.

According to Kentucky divorce law court may grant a divorce if the marriage is irretrievably broken, which can include a no-fault divorce filing when there is not reasonable prospect of reconciliation. The parties must live apart, or live together without sexual cohabitation, for 60 days prior to the court granting a decree the marriage has been irretrievably broken. If both parties swear under oath, or one party swears and the other does not deny, that the marriage is irretrievably broken, the court shall make a decree terminating the marriage. If one party denies the marriage is irretrievably broken, the Court will review the factors that led to the filing of the petition, and the prospect of reconciliation and either find the marriage is irretrievably broken or delay its decision to give the parties time to attempt reconciliation.

A court may grant a divorce or legal separation in Kentucky only if one of the parties has resided in Kentucky, or been stationed in Kentucky as a member of the armed services, for 180 days (six months).

There are not any particular simplified or special divorce proceedings available in Kentucky divorce law, however, parties may save time by agreeing to swear the marriage is irretrievably broken, and presenting the court with a separation agreement that contains provisions settling spousal maintenance, dissolution of property, and child custody and child support.

Unlike a divorce, which terminates a valid marriage, an annulment in Kentucky ends the parties' relationship by declaring the marriage was never valid to begin with. A court may consider an annulment in Kentucky for the following reasons: lack of mental capacity to consent to marriage, the consent to marriage occurred under the influence of drugs or alcohol, the consent to marriage was achieved by use of force, duress, or fraud, or the marriage is otherwise prohibited by laws preventing children to marry or incest. Typically an annulment must be filed within 90 days of the marriage, and anyone considering an annulment in Kentucky should first consult a Kentucky divorce attorney prior to taking any action.

When a court grants a divorce or legal separation in Kentucky it will make a ruling on the disposition of marital property. Most property obtained during the course of the marriage will be considered marital property and be divided by the court based on factors such as: contribution of each spouse to the marriage, value of the property, duration of the marriage, and desirability of children to remain in the family home. Because the division of marital property can be a complex subject, you should consult a Kentucky divorce attorney prior to filing a divorce.

The following Kentucky Revised Statutes, Chapter 403, can be found HERE.

1. Kentucky Legal Separation
• Kentucky Revised Statutes, Chapter 403, §§ 140, 230
2. Kentucky Grounds for Divorce
• Kentucky Revised Statutes, Chapter 403, § 170
3. Kentucky Divorce Residency Requirements
• Kentucky Revised Statutes, Chapter 403, § 140
• Kentucky Simplified or Special Divorce Procedures
4. Kentucky Revised Statutes, Chapter 403, §§ 170, 180
• Kentucky Annulment
5. Kentucky Revised Statutes, Chapter 403, § 130
• Kentucky Division of Marital Property
6. Kentucky Revised Statutes, Chapter 403, § 190