Divorce Guide

Divorce Guide

Kentucky No Fault Divorce

According to Kentucky no fault divorce custody laws, one can be granted divorce on the grounds of “no-fault” where none of the spouses need to prove that the other spouse is at “fault” or has indulged in any “wrongdoing”. Thus, no fault divorce laws in KY avoid spouses indulging in “blame-game” and proving any “wrongdoing” in the court. If a spouse simply states that the marriage has “irretrievably broken down” owing to “incompatibility of temperament’ or “irreconcilable differences”, then the courts can grant them divorce if they fulfill the “separation period” criteria.

Separation period in KY no fault divorce

KY no-fault divorce laws specify that in order to get divorce in Kentucky, the couples must have been separated for a minimum period of 60 days without cohabitation.

Residential requirements in KY no-fault divorce

KY no-fault divorce laws specify that the person filing for the no-fault divorce must have stayed for a minimum of 60 days in that state.

Is “fault grounds” there in Kentucky?

If you have filed a divorce case in Kentucky, then you would be granted divorce only on the grounds of “no-fault”. Courts in this state do not consider other factors such as brutality or desertion as grounds for divorce.

Uncontested KY no-fault divorce

When the spouses wish to settle matters concerning marital property division, child custody or spousal support or child support “outside the court”, then such a divorce is called an “uncontested divorce”. In these circumstances, they are expected to file “Marital settlement agreement” along with their petition to dissolve the marriage. In this agreement , they need to clearly specify to the court how they are going to take care of the family residence after divorce, manage their debts or mortgages, divide household items, vehicles, joint bank accounts etc. among each other. Issue regarding spousal support and the wife’s legal name (whether she would revert back to her maiden name or keep the former name) are also mentioned in this agreement.

Child custody in KY no-fault divorce

In uncontested divorce cases, spouses arrive at a sound arrangement of child custody and visitations after participating in custody mediation “outside the court”. Their “marital separation agreement” must also contain a parenting plan, how they wish to take care of the child in terms of physical custody, legal custody etc. Courts try to determine the soundness of the agreement and would give final approval about the custody matter. But, if a spouse does not agree to the terms of the other on child custody matter, then in such cases, the divorce case becomes a “contested one”. Judges consider the “best interests of the child” before awarding any parent the custody of the child. Contesting divorce cases may take longer and also involve a huge amount of money. But if a spouse is sure to have an edge over the other by proving his/her incapability as a parent in the court, then he/she must proceed to do so.

Property division in KY no-fault divorce

Kentucky is “equitable distribution state” where the property is equitably and fairly distributed among the spouses. If the property was acquired during the course of the marriage but is on the name of one spouse, then it is not necessary that he/she would be bestowed that property after the divorce. In contested divorce cases, courts look into the matter of who should justifiably get the property.

One may proceed to peruse DIY divorce and not seek the advice of an attorney. If your divorce is an uncontested one, then it is better to file a DIY Kentucky no-fault divorce case. But it is advisable to seek the services of an attorney if the divorce is to be contested. He/she can guide you how to traverse the legal intricacies pertaining to divorce matters.

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