Added: 04/29/2007 |
Filing For A Kentucky DivorceFor many reasons, couples who have married seek divorce. For those couples in Kentucky, a Kentucky Divorce is similar to those sought in any other state. Kentucky divorce laws state there must be a hearing in which a judge must determine whether to grant the petition for divorce. If a judge declares enough cause for a judgment granting the divorce, then the two parties will be allowed to discontinue their marriage, divide assets and continue living life as if they were never married.
Next, the couple seeking a Kentucky divorce must make sure that they both obtain their own separate attorneys. It is considered to be a “conflict of interest” for both parties to be represented by the same attorney in regards to the same situation. The filing party, called the petitioner, is the one who has taken the legal steps necessary to begin the Kentucky divorce.
Next, the couple must be prepared to take a “class” together on divorce, children and issues that arise after a divorce. This is to fully educate both parties in the situations that inevitably occur, although they may have not thought this far in advance, concerning children, money, division of assets and property along with other decisions that must be made prior to the courts granting the Kentucky divorce.
Spousal support or child support is an issue if the couple seeking the Kentucky divorce have children between them, or, if there are no children, or if the children are already adults and no longer live at home or attend college, spousal support may be awarded. Normally, this is awarded to the wife, not the husband; but there have been exceptions. Based on the length of time the parties have been married, the ability of each of the parties to financially sustain their current standard of living, and the ability to earn wages, a judge will grant a wife spousal support until she is remarried; at which time the support will cease. If both parties are equally able to provide financially for themselves, there may be no award, either to the wife or the husband, for spousal support. If they parties have been married less than ten years, the judge may consider not granting either party spousal support.
Concerning child custody issued during a Kentucky divorce; the children typically live with the mother during their younger years. This is based upon the mother’s ability to adequately care for the children and their needs. Normally, the non-custodial parent, or the parent with which the children exercise visitation only and do not live with on a day to day basis, must pay to the custodial parent an amount of child support based on a calculation. According to the parties’ standard of living, ages of the children and the overall combined income of the parties, the standard orders for child support will apply; as will the standard orders for child visitation.
Division of assets in a Kentucky divorce is also very similar to the laws in other states. Property acquired during the marriage, money, furniture, homes, cars, etc…are all divided equally among the parties as they pertain to rightful ownership. There is a statue that prevents either party from transferring, selling or otherwise disposing of assets six months prior to filing for a Kentucky divorce./ This protect the other party from loosing what is rightfully theirs. Planning a divorce almost takes longer than planning a wedding…and they can definitely be more expensive.
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