There are specific residency requirements in place for Kentucky couples seeking divorce. The Circuit Court stipulates that at least one of the parties, at the time the petition was filed, was a resident of the state or was stationed in this state while a member of the armed services, and that the residence or military presence was maintained for 180 days immediately preceding the action.
Legal Grounds for Divorce in Kentucky
If the residency requirements are met, then the parties may proceed with filing the petition. The next process is citing the grounds for divorce. In Kentucky, if both parties affirm that the marriage is irretrievably broken, or one of the parties has stated such and the other has not denied it, then the court will make a final decision and if it finds the couple is incapable of reconciliation, will proceed to enter the divorce decree.
Even if a judge concurs that the marriage is irretrievably broken, parties must still wait for the divorce to be granted. The parties must have lived apart for 60 days in order for the decree to be entered. Parties are allowed to live under the same roof as long as there is no sexual cohabitation.
Kentucky is an equitable distribution state, which means that marital property (all property acquired by either spouse throughout the duration of the marriage) will be divided without regard to any misconduct that took place within the duration of the marriage. Property and assets will be divided in just proportions, considering several factors such as the length of the marriage, how each spouse values the property, current economic circumstances of each spouse, among others.
Obtaining Legal Help with an Experienced Kentucky Divorce Lawyer
It can be tricky to decipher every detail and regulation surrounding a divorce case in Kentucky. So much so that sometimes parties can waive their right to a particular piece of property or other asset without even realizing it. For this reason, it is in each spouse’s best interest to seek legal counsel with an experienced divorce lawyer in Kentucky to ensure the case runs as smoothly as possible and ends with the most favorable outcome.