4:37 PM Kentucky State Divorce Laws and Guidelines | ||||
[ Kentucky Statutes - Title 35 - Chapter: 403.140] LEGAL GROUNDS FOR DIVORCE: If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. No decree shall be entered until the parties have lived apart for 60 days. Living apart shall include living under the same roof without sexual cohabitation. The court may order a conciliation conference as a part of the hearing. [Based on Kentucky Statutes - Title 35 - Chapter: 403.170] LEGAL SEPARATION: If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects, in which latter event the other provisions of this chapter shall apply. No earlier than one year after entry of a decree of legal separation, the court on motion of either party shall convert the decree to a decree of dissolution of marriage. [ Kentucky Statutes - Title 35 - Chapters: 403.140 and 403.230] MEDIATION OR COUNSELING REQUIREMENTS: The court may order a conciliation conference as a part of the hearing to determine if the marriage is irretrievably broken. If there is a finding of domestic violence, the court shall not order mediation unless requested by the victim of the alleged domestic violence and abuse, and the court finds that: (1) The victim s request is voluntary and not the result of coercion; and (2) Mediation is a realistic and viable alternative to or adjunct to the issuance of an order sought by the victim of the alleged domestic violence and abuse. [ Kentucky Statutes - Title 35 - Chapters: 403.036, 403.170] PROPERTY DISTRIBUTION: Kentucky is an equitable distribution state. the court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors including:
Marital property means all property acquired by either spouse subsequent to the marriage except:
All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in section above. [ Kentucky Statutes - Title 35 - Chapter: 403.190] ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
[ Kentucky Statutes - Title 35 - Chapter: 403.200] share on facebook pin to pinterest
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