Divorce Guide

Divorce Guide

Kentucky Divorce Rights

The court which deals with the divorce related cases in the Kentucky state of the USA is called the circuit court. This court makes it mandatory to be a resident of the state for a minimum period of 180 days for any of the parties filing the case for the dissolution of the marriage. The residency requirement in Kentucky is very important as in other states of the United States of America.

Grounds for divorce

The court has laid down a number of grounds which could be termed as legal when a spouse files a case for divorce. The marriage is considered to have been broken down irretrievably if the couple has not been living together and both the parties have submitted to the court in written that they want an unconditional divorce. The court in this case makes arrangements for the couple but it is mandatory for the couple to show that they have been living separately for a continuous period of sixty days.

The circuit court of Kentucky allows a legal separation if the two parties have agreed on it. In this case it will not be considered dissolution of the marriage. After one year of the legal separation, either of the parties can move the court in order to seek a complete dissolution of the marriage and this will be granted by the court after inquiring into the case.

Before the dissolution of the marriage, court makes sure that the scope of conciliation between spouses should be looked into carefully. If the court finds that there is any scope to bring some arrangement for the reconciliation, the court may order mediation. This mediation and counseling program becomes very important when a minor child is going to be effected by the decree. Hence court does not leave any stone unturned in order to bring any arrangement between the spouses. However before announcing any mediation or counseling program, the court makes sure that either of the parties is not under any sort of coercion. The mediation hence should be realistic and totally focused.

Kentucky, just like many other states of the United States of America follows the principle of equitable distribution. The principle of equitable distribution in a divorce case relates to the distribution of the property which has been acquired by the couple during the marriage. The court makes arrangements to divide the property in a just and fair manner.

While distributing the property, the court may take into account various factors such as the contribution during the marriage, family responsibilities, property acquired by each spouse and the contribution. The court may also consider the economic conditions of any of the spouses. Deciding on the distribution of property also makes it important to make arrangements for the spousal support in respective cases. The child help and child support are also considered by the court before reaching any conclusion. Alimony help is provided by the court on the basis of the merit of the case.

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