Kentucky divorce laws
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 completion of the school year in which the child turns nineteen (19) years old.
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 material change of circumstances which would result in a fifteen percent (15%) change in the amount of support paid.
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower. |
Residency
 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, at the time the action was 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.
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 supported;
- The intent of the parent or parents in placing the child with the custodian; and
- The circumstances under which the child was placed or allowed to remain in the custody of the custodian
A process is in place should one or the other party may request an alternative plan and the court will consider the request for child custody.
| Divorce Myth: Because people learn from their bad experiences, second marriages tend to be more successful than first marriages. Reality: Although many people who divorce have successful subsequent marriages, the divorce rate of remarriages is in fact higher than that of first marriages. |
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 a 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 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.
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.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Alimony
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 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.
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.
Grandparents
Rights
Visitation may be granted if the court determines that the visitation is in the best interest of the child. Grandparents may petition the court either during or following the divorce action.
Dividing
Assets
 Kentucky
is considered an “Equitable
Distribution” state.
In the absence of
an agreement 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.
Did
you come into this marriage
owning a house? Concerned
about the equity in that
house that you brought
into the marriage? 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 forfeit a third
to a half of that appreciation
to your spouse in the
divorce.
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