Kentucky Divorce Law Residency Requirements for Divorce in Kentucky
The spouse filing for dissolution of marriage must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing. The dissolution of marriage may be filed in a county where either spouse usually resides.
[Kentucky Revised Statutes; Title 35, Chapters 403.140 and 452.470].

Legal Grounds for Divorce in Kentucky

  1. No Fault Divorce: Irretrievable breakdown of the marriage. A final dissolution of marriage will not be granted until the spouses have lived apart for 60 days. ("Living apart" includes living in the same house but not sharing sex).
    [Kentucky Revised Statutes; Title 35, Chapter 403.170].
  2. General Divorce: Irretrievable breakdown of the marriage is the only grounds for dissolution of marriage in Kentucky.
    [Kentucky Revised Statutes; Title 35, Chapter 403.140].

Legal Separation in Kentucky
Irretrievable breakdown of the marriage is the only grounds for legal separation (or divorce from bed and board) in Kentucky. The spouse filing for legal separation must have been a resident (or a member of the armed services stationed in Kentucky) for 180 days prior to filing.
[Kentucky Revised Statutes; Title 35, Chapters 403.050 and 403.140].

Simplified/Special Divorce Procedures in Kentucky
Marital settlement agreements and separation agreements are specifically authorized.
[Kentucky Revised Statutes; Title 35, Chapter 403.180]

Divorce Mediation or Counseling Requirements
If 1 spouse disagrees that the marriage is irretrievably broken, the court may delay the dissolution of marriage proceedings for 60 days and suggest the spouses seek counseling. In addition, at a spouse's request or on the court's own initiative, a conciliation conference may be ordered by the court.
[Kentucky Revised Statutes; Title 35, Chapter 403.170].

Divorce Property Distribution
Kentucky is an "equitable distribution" state. The spouses are allowed to keep their separate property (property acquired before the marriage and any gifts or inheritances). All other property (their marital property) is divided, without regard to any marital misconduct, in just proportions, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's separate property
3. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home to the spouse awarded custody of any children
4. The length of the marriage
5. Any retirement benefits

[Kentucky Revised Statutes; Title 35, Chapter 403.190].

Alimony and Spousal Support
Either spouse may be awarded maintenance if:

1. That spouse lacks the property to provide for his or her own needs
2. That spouse is unable to find appropriate employment, or is unable to work because of obligations to care for children or others in his or her custody

Marital fault is not a factor to be considered. The award is then based on the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently and any share of a child support award intended for the custodian
6. The physical and emotional conditions of the spouses

[Kentucky Revised Statutes; Title 35, Chapter 403.200].

Spouse's Name After Divorce
If there are no children, and at the wife's request, the wife's maiden name may be restored.
[Kentucky Revised Statutes; Title 35, Chapter 403.230].

Child Custody After Divorce
The court may award sole or joint custody, giving equal consideration to either spouse. Custody is awarded based on the best interests of the child and on the following factors:

1. Preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. The relationship of the child with parents, siblings, and other significant family members
6. Any evidence of domestic violence
7. Whether the child has been cared for and/or supported by a non-parent primary caregiver
8. The intent of the parent[s] in placing the child with a non-parent primary giver [ie., to avoid domestic violence, or to allow the parent to seek work or attend school, etc]

Any conduct of a parent that does not affect the relationship with the child is not to be considered. Abandonment of the family home by a parent is not to be considered if the parent fled due to physical harm or threats of physical harm by the other spouse.
[Kentucky Revised Statutes; Title 35, Chapter 403.270].

Child Support After Divorce
Either or both parents may be ordered to provide a reasonable amount of child support, without regard to any marital misconduct, and based on the official Child Support Guidelines which are contained in the statute. These guidelines are presumed to be correct, but may be adjusted based on the following considerations:

1. A child's extraordinary medical or dental needs
2. A child's extraordinary educational, job training, or special needs
3. Either parent's extraordinary needs, such as medical expenses
4. The independent financial resources of the child
5. The combined parental income in excess of the Kentucky child support guidelines amounts
6. An agreement between the parents on child support, provided that no public assistance is being provided
7. Any other extraordinary circumstance

In addition, the court may order a parent to provide health care insurance coverage for the child.
[Kentucky Revised Statutes; Title 35, Chapters 403.210 to 403.212].

Continue to Louisiana Divorce Laws
 
Resource Article:

How to Tell Your Children About Divorce
By Jean Mahserjian
Mar 13, 2006, Mon, 13 Mar 2006 12:47

Whether your divorce is amicable or contentious, when and how to tell your children can be a difficult issue. Your children may already know that there are difficulties in your home life and marriage, but you may be surprised at the level of their sophistication and knowledge about divorce. Even if they are relieved to hear that a difficult home life is about to change, do not ever underestimate the degree to which your divorce can impact your children. The adults are not alone in feeling the stress and hurt of a strained family situation. You must take special steps to insulate your children and help them through the divorce process.

There is not one simple outline that provides all of the right answers and information on how to guide your children through the divorce process. When and how to tell your children about the divorce will depend upon your individual family dynamics, the maturity of your children, the ages of your children, the conflict level in your house, and your own individual preferences. If you are unsure of how to present this issue, it is a good idea to obtain professional help to do so. Many counselors are well versed in addressing divorce issues with children and they are available to guide you through this process with your children.

The type of divorce situation presenting itself in your family will have some impact on how and when you present this issue to your children. If you and your spouse are amicable, and your divorce is low stress, your children may not even be aware of the possibility of a break up. While that means that the divorce conflict has not impacted upon the children as of yet, it does not mean that it will not. Your children might be even more affected by the news that you are divorcing if they were unaware that there were problems in your marriage. If you or your spouse has been working with a counselor, either together or separately, that counselor can lay out some simple strategies on how to tell the children. Basic information that you want to discuss with the counselor is whether you tell the children together or separately and what information you can or should give the children about what their living arrangements will be in the future.

It is never acceptable to disclose that you and your spouse are getting a divorce when you are in the middle of a conflict. To place blame on your spouse, or to provide information in a way that conveys blame or fault may make you feel better in the short run. In the long run it will hurt your children, and it will impact your long term relationship with the children's other parent. Also, courts frown on providing children with adult level information and details about your divorce. Do so and you risk hurting your legal case, if your divorce will be presented to a judge.

Most counselors will support a joint parental communication to the children about the pending divorce. However, a joint discussion about divorce with the children does require that you and your spouse be able to maintain a basic level of civility, if for no other reason than to maintain your children's peace of mind. If you and your spouse cannot be civil, do not attempt to discuss this issue together with the children.

If your marriage has been rife with conflict, your children may be aware of or even welcoming the relief of a parental separation and/or divorce. Do not be surprised if you find out that your children know more than you thought, even if you have been attempting to conceal the conflict from them.

The issues that your children want to be reassured about involve where they will live, where they will go to school, whether their activities and daily lives will be disrupted, and the degree to which they will be able to maintain their relationship with each parent. Teenagers can be particularly vulnerable and sensitive to disruption in their lives and schedules. If you are able to work out a parenting schedule with your spouse, it is acceptable to share that with the children to reassure them. It also can be acceptable to involve the children in the process of setting a schedule. However, that issue can be very delicate. You do not want children dictating to the adults and you do not want the children to have limited contact with either parent.

Above all else, do not discuss marital fault issues or the reason for the divorce with your children. Even if you think that your spouse is the worse miscreant on the planet, that spouse is your children's parent. Your children want to and are entitled to love both parents. That a spouse cannot make a marriage work does not dispossess them of the right to be a parent. More important, it does not dispossess the children of the right to love that parent and have a relationship with the parent.

Consider that you may have a range of reactions from your children about the pending divorce. They may not be surprised. Or, they could be upset and shocked. In many cases, even when they are not surprised, the children might be angry or blame themselves. Work with a professional to address all of these emotional reactions. Your children will adjust to your divorce, if you provide the proper guidance and assistance during that process.

 
 

Divorce Terms:
Court Docket. The formal court record of proceedings before it. Notations of all pleadings, orders, and judgments are entered into a docket book.

In divorce court the first entry is the complaint or petition for divorce. The final entry is the judgment of divorce. If the case resurfaces because of a complaint for modification or a complaint for contempt, the docket is reopened and continued.

If you are concerned that your spouse is about to file for divorce, visit the court to examine the docket. Ask how long a new filing takes to show up on the docket.

Court Investigator. See Investigator; Court Investigator

Court Mediator. See Family Service Officer; Court Service Officer; Court Mediator; Court Arbitrator

Court Order. See Order; Order of the Court

Court Services Officer. See Family Service Officer; Court Service Officer; Court Mediator; Court Arbitrator

Courtroom Etiquette:

1) Treat the judge respectfully. Never interrupt or be argumentative, always ask permission to speak. In An Officer and a Gentleman, drill sergeant Lou Gossett reprimands recruit Richard Gere for referring to the sergeant as you. Gossett points out that a ewe is a female sheep. Always address the judge as your honor, judge, or the court -- but never refer to the judge as you. Finally, you may feel the judge is biased, disrespectful, insensitive, or just plain dumb. You have a right to these feelings, but never, ever, treat the court disrespectfully, especially if you want respect.

2) Treat opposing counsel respectfully. Wait your turn to speak and don't interrupt or make faces and gesticulate when opposing counsel is speaking. Great self-control is necessary, especially when opposing counsel intentionally lies or inadvertently makes misrepresentations to the court based on his clients misrepresentations to him. You'll get your turn.

3) Dress appropriately, be punctual, and be serious. Cry if you must, but avoid overly dramatic displays. Do not raise your voice or get into side conversations or fights with yourspoused or his lawyer.

4) Tell the truth.

Court?s of Equity. See Equity; Courts of Equity

Coverture. The period of time during which a women is married.

This term is used when establishing the value of property acquired during the term of the marriage, i.e., coverture. For instance, pensions are often appraised based on coverture; only those contributions during the term of the marriage are taken into account.

Cross-examination. Following the direct examination of a witness, cross examination is the follow-up questioning (?examination?).

If your lawyer is conducting a cross-examination, that means the witness was first called by the opposing side. For instance, after your spouse testifies during direct examination, your lawyer has the opportunity to cross-examine. As you know, these can be messy since the rules of evidence allow almost anything that will impeach the witness.

Cruel and Abusive Treatment. Ground for divorce in a fault divorce, wherein the plaintiff must prove physical or emotional harm to her or himself.

Ask your lawyer for the legal definition in your state. If you forego this claim, you always retain the right at trial to enter into evidence ?the behavior of the parties during the marriage.? See Fault and no-fault Divorce. Failure to assert abuse in the complaint simply precludes the court from granting a divorce on this ground, but the court is free to consider evidence of spousal abuse in making its decision.

Curtesy. See Dower

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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