Kentucky State Divorce Laws
- Kentucky law governs every aspect of divorce.Kentucky state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
Divorce laws are established by each state. In Kentucky, these laws determine who can file for divorce in the state and what courts can decide in any such case. Kentucky divorce laws cover a wide range of issues, ranging from child custody to alimony. - Kentucky requires that anyone filing for divorce in the state meet the residency minimums established under the law. At least one spouse must have lived in Kentucky for at least 180 days before filing the divorce petition. As long as one spouse meets this requirement, either can file for divorce in Kentucky, even if the party filing the petition does not live in the state. Kentucky law also requires that the divorce must be granted on the basis of incompatibility of the spouses. No divorce can be entered unless the spouses have lived apart for lease 60 days prior to the finalized divorce decree.
- Any time a couple gets divorced in Kentucky, the court will divide any property between the spouses on an equitable basis. This means the court will divide the property fairly, though not necessarily evenly. If the spouses cannot come to an agreement between themselves, the court will divide the marital property after taking into consideration various factors. These include: the length of the marriage, the economic abilities of each spouse and the child rearing or custodial responsibility of each spouse. Courts will use similar factors to determine whether or not spousal support, sometimes referred to as alimony, is appropriate. While not all cases involve alimony, a Kentucky court can award marital support if it deems such payments are justified.
- If minor children are present in the marriage, a Kentucky court will also determine matters of custody and child support payments. Courts will decide any matters concerning a child in light of what is in the child's best interests, and not what is best for the parents. For example, if a couple comes to an agreement about child visitation, the court can order a different visitation plan if it finds that the original plan is not in the best interests of the child in question.