Understanding Kentucky Divorce Laws

If you are preparing to go through a divorce in Kentucky, it is important that you understand Kentucky divorce laws. The divorce process is also known as the dissolution or legal separation process. At the end of the divorce process, a Kentucky court will dissolve the marriage. Kentucky recognizes no-fault divorce. This means that nobody is at fault for the breakdown of the marriage.

One or both parties must state that an “irretrievable breakdown” of the marriage has happened with no hope of reconciliation. Kentucky does have additional legal requirements that the couple must meet before the divorce is finalized. If you are going through a divorce, you will need an experienced divorce lawyer on your side. Contact the hometown lawyers at Greg Baker Attorneys at Law today in Whitesburg KY and Pikeville KY to learn how we can help you.

Statutory Requirements for Divorce in Kentucky

In order to file for divorce in Kentucky, at least one spouse must reside in Kentucky for at least six months before filing the petition. Typically, the wife cannot be pregnant, and if she is, the couple must wait until the birth of the child or the end of pregnancy for the divorce to be finalized. It is required to circumvent this requirement by filing a three-party affidavit. When the couple shares children, Kentucky courts must usually wait at least 60 days after separating before the court will grant the divorce.

Division of Property in Kentucky Divorce

The division of property in a divorce case comes down to which property is categorized as separate and which property is categorized as marital property. The property includes real property such as land and buildings and personal property such as the following:

  • Cash
  • Bank accounts
  • Financial instruments
  • Jewelry
  • Furniture
  • Stocks
  • Automobiles
  • Retirement accounts
  • Businesses
  • Ventures
  • Interest in other properties

Separate property will go to the owner of the property after the divorce is finalized. A family court judge will divide up the marital property between the two spouses. Separate property is any property that one spouse acquired before the marriage, or as a gift or inheritance during the marriage. Marital property includes property either party acquired during the marriage or property the spouses inherited together.

Kentucky courts usually divide up property equally. However, a court might give one spouse more of the marital property when it is necessary for fairness and equity. Kentucky judges consider several factors when deciding whether or not to divide the property equally or to give one spouse more of the property, to include:

  • Each spouse’s income
  • Spousal maintenance
  • Non-marital property
  • Which spouse contributed to the marital property
  • Which spouse plans to stay in the home
  • Whether the couple has children
  • Whether or not a spouse
  •  improperly wasted or destroyed marital property

Contact Our Skilled Family Law Lawyers

At Greg Baker Attorneys at Law, we understand that going through a divorce is often an extremely difficult time. That is why our hometown lawyers fight so hard on behalf of our clients. Contact our Kentucky family law divorce lawyers, Ashley Sturgell in Whitesburg at 606-403-1222 or Jennifer Taylor in Pikeville at 606 766-2200 today to schedule your initial free consultation.