Added: 10/30/2005 |
Kentucky Divorce - Brief Kentucky Divorce Law OverviewSometimes a Kentucky couple feels they can no longer honor their marriage vows for many different reasons and a Kentucky divorce is sometimes necessary to dissolve the marriage. The following paragraphs will take a brief look at some Kentucky divorce laws you will need to know before filing for a Kentucky divorce.
The first thing about Kentucky divorce laws and divorce procedures that we will take a look at is residency requirements and where you should file for a Kentucky divorce. At least one party in the Kentucky divorce must have resided in Kentucky for at least 180 days before filing for a divorce in this state, and the divorce must be filed in the county of residency. Members of the armed services, who have been stationed in Kentucky for at least 180 days prior to filing are also eligible to file for a Kentucky divorce.
Next, you should determine if you have legal grounds for dissolution of marriage in Kentucky. According to Kentucky divorce laws, this is a no-fault agreement, or an irretrievable breakdown of the marriage that both parties in the Kentucky divorce agree to. In order to have legal grounds for a dissolution of marriage, both parties must have lived apart for at least 60 days. Kentucky divorce laws state that living apart includes residing in the same residence but not having sexual relations.
When both parties cannot come to an agreement in their Kentucky divorce, procedures and Kentucky divorce laws can get more complicated. If one party does not agree that the marriage is irretrievably broken, the court often delays the Kentucky divorce proceeding for up to 60 days, and recommends counseling for both parties. Sometimes these counseling sessions are not just recommended, they are ordered. That choice is normally left up to the discretion of the Kentucky divorce judge.
As for premarital agreements in regards to a Kentucky divorce, Kentucky does not have any divorce laws that deal with premarital agreements and do not honor them.
Next, when considering filing for a Kentucky divorce, you should know the Kentucky divorce laws regarding property distribution. In normal circumstances, both parties in the Kentucky divorce are allowed to keep all of their pre-martial property, as well as any gifts to the party, or inheritances they may have received during the marriage. All other property is routinely divided taking the following factors into consideration:
1. The contribution of each party, as to the acquirement of the marital property;
2. The value of each party's separate property;
3. The financial circumstances of each party at the time of the division of property is to take effect, including awarding the house to the party who gains custody of the children;
4. How long the parties were married;
Married couples often come to a point in their marriage where they feel a Kentucky divorce is their answer. The above overview of some of Kentucky divorce laws will be helpful in making a final decision, and will assist you in knowing what to expect.
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