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Divorce
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 While
it seems or feels like the world is imploding
on itself, it really isn't. It is you going through
the divorce nightmare many of us have already
endured. Don't despair, it WILL get better. Take
a deep breath. If nothing else, we'll give you
some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
Kentucky,
like all states, has established child support
guidelines which serve as the presumed correct
amount of support to be paid. Courts may deviate
from these guidelines only upon a specific showing
that the application of the guidelines would be
unjust or inappropriate. Any deviation from the
guidelines must include a specific written finding
stating the reason for the deviation. The obligation
to provide child support will terminate upon the
emancipation of the minor child unless the child
is eighteen (18) years
old and still in high school. If the child turns
eighteen (18)
while still
in high school, the support obligation shall continue
until the
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completion
of the school year in which
the child turns nineteen (19) years old. The following
percentages of the net income of the paying parent
are what the Kentucky child support guidelines
are generally based on, if there is not an agreement
between the parents: 1 child 20%, 2 children 25%,
3 children 30%, 4 children 35%, 5 children 40%,
6 children 45%.
If health care coverage
is reasonable and available, the court shall allocate
between the parties, in proportion to their adjusted
gross income, the cost of health care coverage
for the child. If coverage is not reasonable and
available, the court shall order that such coverage
be provided at the time it becomes reasonable
and available.
All court orders of child
support shall include the Social Security numbers
of all parties subject to the support order. A
child support award may only be modified upon
a showing of a
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material
change of circumstances which would result in
a fifteen percent (15%) change in the amount of
support paid.
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Child Custody
Kentucky courts have ruled
in favor of joint custody much more frequently
in recent years. If the parties agree on joint
(or shared legal) custody, it is likely to be
granted. The following relevant factors are considered
when weighing child custody awards: The
wishes of the child's parent or parents;
The
wishes of the child as |
to
his custodian; Relationship of the child with
his parent or parents, his siblings, and any other
person who may significantly affect
the child's best interests; The child's adjustment
to his home, school, and community; The mental
and physical health of all individuals involved;
Information, records, and evidence of domestic
violence; The extent to which the child has been
cared for, nurtured, and
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Visitation/Co-Parenting
Generally,
the non-custodial parent is entitled to reasonable
visitation pursuant to the Kentucky visitation
guidelines. The court will deny reasonable visitation
if, after a hearing, it is determined that visitation
would seriously endanger the child's physical,
mental, moral or emotional health. The parents
can put together and agree on a visitation (parenting)
schedule for the non-custodial
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parent,
and if they are unable to agree, the court
will apply a standard visitation schedule.
It would likely include: alternate weekend visitation
(3-day weekends included), mid-week visitation,
sharing of the children during periodsof
school recess -winter, spring and summer, New
Year's Eve, Easter, Rosh Hashanah and Yom Kippur,
Thanksgiving, and Christmas with one parent or
the other in alternate years, Father's Day with
Father, Mother's Day with Mother,
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alternate
years on the children's birthdays, and open communication
by phone and computer
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
Alimony
(or Maintenance as its sometimes called) can be
ordered paid by one or the other parties based
on the following circumstances:
The financial resources of the
party seeking maintenance, including marital property
apportioned to him, and his ability to meet his
needs independently, including the extent to which
a provision for support of a child living with
the party includes a sum for that party as custodian;
The time necessary to acquire
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sufficient
education or training to enable the party seeking
maintenance to find appropriate employment; The
standard of living established during the marriage;
The duration of the marriage;The
age, and the physical and emotional condition
of the spouse seeking maintenance; and The
ability of the spouse from whom maintenance is
sought to meet his needs while meeting those of
the spouse seeking alimony/maintenance.
You may realize that we all need some help
processing all this angst. The help can come in
the form of friends, relatives or professionals.
If
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you're
not inclined to approach family or friends, and
unwilling to pay for professional counseling,
the next best step would be educating yourself,
through reading. This site has a Bookstore
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in one piece.
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Grounds
For Divorce
Kentucky divorce laws mandate
that Kentucky is a “No-Fault” state.
The grounds for divorce are Irretrievable
breakdown. 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
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conciliation
conference as a part of the hearing. If one of
the parties
has denied under oath or affirmation that the
marriage is irretrievably broken, the court shall
consider all relevant factors, including the circumstances
that gave rise to filing the
petition and the prospect of reconciliation, and
will: Make a finding whether the marriage is irretrievably
broken; or Continue the
matter for further hearing not fewer than 30 nor
more than 60 days later, or as soon thereafter
as the matter may be reached on the court's calendar,
and may suggest to the parties that they seek
counseling.
The court, at the request
of either party shall, or on its own motion
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may,
order a conciliation conference. At the adjourned
hearing the court shall make
a finding whether the marriage is irretrievably
broken. A finding of irretrievable breakdown is
a determination that there is no reasonable prospect
of reconciliation.
Irretrievable breakdown.
If both of the parties by petition or otherwise
have stated under oath or affirmation that 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.
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Marriage
Annulment
Marital Annulment
One must
petition the court for an annulment much like
you would for a divorce or legal separation. Kentucky
divorce laws require that one must prove grounds
for an annulment in order for one to be granted.
There are specific grounds that Kentucky |
recognized
that permit a decree of annulment. They include:
Fraud & Duress- If you married your spouse
under some threat or duress,Incest
(or consanguinity)- the marital relationship between
parent/child, stepchild; grandparent/grandchild;
aunt/nephew; uncle/niece etc., Mental illness-
If your spouse has some mental illness , Bigamy-
If your spouse was already
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married
at the time s/he married you and Underage marriage-
enter into a marriage before the age of 16 without
the consent of parents. The annulment process
carries with it a greater burden to prove to the
court that a marriage should be voided with an
annulment.
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Marriage
Counseling/
Mediation
If one party to the divorce
action denies under oath that the marriage is
irretrievably broken, the court may make a finding
that the marriage is irretrievably broken or continue
the matter for further hearing not fewer than
thirty (30) days or more than sixty (60) days
later.
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Legal
Separation/
Marital Separation
A legal separation results
when a couple separates and a court rules on the
child support, custody, alimony, visitation and
division of property, but doesn't grant a divorce.
With a legal separation (sometimes called a marital
separation), any assets accumulated or debts incurred
after a finalized legal separation are no longer
considered jointly owned. A specific legal process
is necessary for a legal separation to be
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effected. Specifically
a Settlement Agreement must be submitted to a
court, addressing all support, custody, visitation
and asset issues between the couple. A
legal separation is a court order that details
who gets the children, who pays support for the
children and how much, whether spousal support
(alimony) is ordered, and who gets what marital
property and debt. You might want a legal separation
if your religious beliefs prohibit divorce, if
you or your spouse have not lived in Kentucky
long enough to file for divorce, or if one of
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you
needs to be covered by the other's medical insurance.
A legal separation costs about the same as a divorce.
Filing for legal separation does not prevent a
divorce from being filed, however. The main difference
between dissolution of marriage and legal separation
proceedings is that after a judgment of separation
the parties remain married for all purposes including
eligibility for health insurance.
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Waiting
Period
Kentucky law provides that
no divorce decree will be issued until the parties
have lived separate and apart for sixty (60) days.
Living separate and apart can mean that the parties
share the same domicile, as long as they have
no sexual relations between each other during
that period of time. |
In
divorce actions where there are minor children
of the marriage, no testimony other than on temporary
motions will be taken or heard before sixty days
have elapsed from the date of service of the summons,
the appointment of a warning order attorney, or
the filing of an entry of appearance or responsive
pleading by the defendant, whichever occurs first. |
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Divorce
Settlement
Kentucky is considered
an “Equitable Distribution” state.
In the absence of an settlement by the parties,
the court will first determine the marital property,
put a value on it, and then distribute it to the
parties in as equitable a manner as possible.
Without consideration for marital conduct, the
court will consider the following in this process:
1.) Contribution of each spouse to the acquisition
of the marital property, including contribution
of a spouse as homemaker; 2.) Value of the |
property
set apart to each spouse; 3.) Duration of the
marriage; and 4.) Economic circumstances of each
spouse when the division of property is to become
effective, including the desirability of awarding
the family home or the right to live therein for
reasonable periods to the spouse having custody
of any children. The
point is..you and your spouse come to a settlement
agreement between you, or the court will have
a settlement for you.
Did you come into this marriage
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owning
a house? Concerned about the equity in that house
that you brought into the marriage? Worried a
divorce settlement will take away what was originally
yours? Here's how it works generally. What you
brought into the marriage is usually all yours.
However, any appreciation of the house or the
property value is normally treated as a "marital
asset", meaning that you will likely have
to give up a half of that appreciation to your
spouse in the divorce.
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Residency
Requirements
In an action for dissolution
(divorce) or separation: (1) The Circuit Court
will enter a decree of dissolution of marriage
if: (a) The court finds that one (1) of the parties,
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begun,
resided in this state,
or was stationed in this state while a member
of the armed services, and that the residence
or military presence has been maintained for 180
days next preceding the filing of the petition.
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