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Divorce Basics in Kentucky

​The divorce process in Kentucky  is established by the Kentucky Revised Statutes.  In Kentucky, a divorce is called a proceeding for dissolution of marriage. Kentucky statutes also set for the residency requirements for filing a petition for dissolution of marriage.  There is a Family Court system in which there is a special court for resolving family law matters including divorce proceedings.  A divorce in Kentucky is initiated by filing a petition for dissolution of marriage.

A dissolution proceeding can be resolved by agreement between the parties. In Kentucky, Courts in most cases order that the parties attempt to mediate their divorces out of court.  A mediator is generally chosen by agreement of the parties, and the Court will decide on a mediator if the parties cannot agree on a mediator.  If mediation is not successful and if parties are unable to reach an agreement out of the court, they can try the unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce.
       
Kentucky is a no fault divorce state in which the only grounds is that the marriage is irretrievably broken.  In addition, the parties must live separate and apart for sixty days before the petition is filed.  In addition, a person must reside in Kentucky for 180 days immediately prior to filing a marriage dissolution petition,   Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property -- all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally, the issue of spousal support, which is called maintenance in Kentucky, must be addressed when terminating a marriage.
       
Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. If an issue is missed, the divorce case may need to be reopened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from consideration by the court, which may cause serious harm.
If you are ready to move forward with considering the divorce process, we ask you to consider using our services.
If you are ready to move forward with considering the divorce process, we ask you to consider using our services.
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Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of October of 2021. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.
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  • Home
  • About Us
  • Practice Areas
    • Divorce
    • Dissolution
    • Child Custody
    • Spousal Support
  • Resources
    • Learn
    • Toolkit
    • Blog
  • Contact Us