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LAWS IN CERTAIN AREAS, SUCH AS DIVISION OF PROPERTY. 1. A QUICK OVERVIEW OF THIS MANUAL My Name is Dean H. Sutton, and I have been a licensed attorney since 1990. I am a former attorney for the Commonwealth of Kentucky and through my experience both with the Commonwealth, working for other attorneys, and in my private practice, I have
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- Overview of Divorce Laws in Kentucky
- Equitable Distribution and Property Division
- Alimony and Child Support
- Child Custody and Visitation
- Divorce Process
- Other Divorce Issues
Look, I won’t sugarcoat it – divorce is complicated. This guide covers the important divorce laws in Kentucky so that you can equip yourself with the information you need. Let’s jump in: 1. Equitable Distribution and Asset Division 2. Alimony and Child Support 3. Child Custody and Visitation 4. Divorce Process 5. Other Divorce Issues
Marital Property and Division of Assets
Kentucky is an equitable distribution state. In a divorce, courts will divide marital property fairly and equitably. But this does not mean that the assets will be divided exactly in half. Courts will look at a number of factors to determine what is fair and equitable. This can include the length of the marriage, the contributions of each spouse to the marriage, prospects for future earnings and employment, tax consequences, sources of retirement income, child care, custody and alimony issues...
Debts
Marital debts in Kentucky are treated just like assets in a divorce. This means that they will be divided fairly and equitably, although not necessarily on a 50/50 basis. If the debt is in both of your names, it belongs to both of you. If a debt is only in one of your names, it is still a marital debt that both of you are responsible for if the debt started during the marriage and it was used for a marital purpose (i.e. mortgage, home improvement loan, etc.) Debts in one spouse’s name alone t...
Gifts and Inheritances
Gifts or inheritances are considered separate property in Kentucky and not subject to equitable distribution. A spouse should be prepared to prove that the asset in question is separate property and has not been commingled with marital assets. This can be done by keeping accurate records or by having a spouse sign a pre- or post-nuptial agreement stating that the assets is to remains separate under all conditions, no matter how it is used in the marriage.
Alimony in Kentucky
Alimony can be granted on a temporary basis during a divorce transition, or after a divorce is final to help one spouse move forward with their lives. Requests are closely scrutinized and the court must not grant alimony unless two things are proven as true. 1. the spouse seeking maintenance doesn’t have sufficient resources to be self-supporting, even after the property division that is part of the divorce, and 2. the spouse seeking maintenance is unable to be self-supporting or is responsib...
Child Support in Kentucky
Both parents have a legal responsibility to provide care and pay for costs of raising a child in Kentucky. The state recognizes that both parents must provide for the well-being of any children, whether they are married or not. The amount of child support depends on the income of both parents and how many other children may also require child support as well. The Cabinet for Health and Family Services has the discretion to revise the amount of child support payments and deviate from accepted...
Child Custody in Kentucky
In 2018, the Governor of Kentucky signed a bill into law that declared separating parents will get joint custody of their children as a default. Kentucky is the first state in the country to create a “legal presumption” for joint custody in divorce proceedings. Judges use joint custody as a legal starting point, but it the amount of time can be adjusted based on other factors such as the emotional, social, moral, material, and educational needs of the child. They must also consider what the c...
Substance Abuse
Substance abuse impacts a divorce because it can have an impact on child custody and visitation issues. If drug or alcohol use is present, visitation or custody may be severely restricted or even denied because it might put a child’s life in danger. Substance abuse can also have an impact on a division of assets in Kentucky as well. If the courts find that the abuse has had a material impact on the finances of the marriage because a spouse spent a lot of money on drugs and alcohol, they will...
Bifurcation of marital status
Bifurcation of marital status essentially means dividing a divorce into two parts and is allowed in Kentucky. The first part satisfies the grounds for the divorce and allows the couple to legally get divorced. In Kentucky, all that needs to be cited are irreconcilable differences. The second part is addressed at a later date and works out the financial aspects of the divorce that may have become stumbling blocks or barriers to a divorce otherwise moving forward. This can include issues such a...
Financial Disclosures
As part of a divorce in Kentucky, each spouse is required to completely disclose their assets, debts, income, and expenses as part of the process. This is so the courts can have a full understanding of the financial health of each spouse to determine if spousal maintenance is justified and to make sure that the division of assets is fair and equitable. Spouses who are reluctant to reveal assets or actively try to hide assets can be legally compelled to do so. In some cases, they may also be h...
Default Judgment
After a petitioner files for divorce in Kentucky, a spouse has 20 days to file a response to the complaint. If they fail to do so, the petitioner can file a motion for a default judgment which will be notarized before being submitted to the clerk of the court. A hearing will be set with a judge and a copy of the notice will be sent to the spouse’s last known address. You need to attend the hearing at which time the judge will consider the request. In some cases, it may be possible to seek an...
Domestic Violence
Aside from the implications domestic violence may play in a divorce, the more important and immediate issue is making sure you and your children are safe when domestic violence is present. If you or family members are victims, you must get out of the house as soon as possible and seek shelter somewhere else. If the threat is imminent, call the police for assistance. When you are out of the house, seek a temporary restraining order to keep the abuse away from you. This will buy you enough time...
Health Insurance Coverage
Health insurance is a key point of contention in many Kentucky divorces. It is critical, especially when children are involved, to continue with coverage. Virtually all employers dictate that an ex-spouse may no longer remain on the other’s health insurance plan and they must seek out their own healthcare coverage if not covered in a settlement agreement. In some cases, the court may order that one spouse continue providing coverage as part of the settlement process. This may be especially tr...
Infidelity and Adultery
Infidelity cannot be cited as a reason for getting a divorce in Kentucky. But it may be an issue when determining child custody or in a division of assets. Kentucky courts focus on the well-being of children in a marriage and if it can be shown that infidelity or adultery have created a negative environment, then custody may be affected to some degree. Also, if it can be shown that an adulterous spouse spent a lot of marital assets on a lover, the courts may give the other spouse a larger sha...
Dec 16, 2022 · You must file paperwork with the court to dissolve your union and you will make choices throughout the process that impact a variety of issues. This guide to divorce in Kentucky helps you learn...
Aug 20, 2024 · You and/or your spouse are not required to be a U.S. citizen to get a divorce in Kentucky. You can get a divorce as long as one of you has lived in Kentucky for at least 180 days. But if your right to live in the U.S. depends on your marriage, divorce could affect your status.
The first step in a Kentucky divorce is to file the Petition for Dissolution of Marriage. To file for divorce in Kentucky either you, or your spouse, must have lived in Kentucky (or been stationed in Kentucky if in the military) for the 180 days preceding the filing of the Petition.
Title: Scanned Document Created Date: 1/3/2020 3:37:50 PM
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Sep 6, 2024 · Here, we'll summarize the important divorce laws in Kentucky. We'll also briefly explain how the Kentucky courts handle such issues as alimony, child custody, and property division. If you still have questions about your divorce case, it's best to consult an experienced Kentucky divorce attorney.
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