Kentucky Divorce Laws - Dissolution of Marriage

Kentucky Child Support

The Bluegrass state has established Kentucky 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 as provided by KY child support laws. The obligation to provide Kentucky 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. The following percentages of the net income of the paying parent are  what the KY 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 will include the Social Security numbers of all parties subject to the support order. A KY 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. KY child support ends at age 18, unless High School graduation occurs after that, at which time child support ends at age 19.

Child Care and Health Care

The court will allocate between the parents, in proportion to their combined monthly adjusted parental gross income, reasonable and necessary child care costs incurred due to employment, job search, or education leading to employment, in addition to the amount ordered under and KY child support guidelines.

If health care insurance coverage is reasonable and available at the time the request for coverage is made, the court shall allocate between the parents, in proportion to their combined monthly adjusted parental gross income, the cost of health care insurance coverage for the child, in addition to the support ordered under the child support guidelines.

Kentucky Child Custody

Kentucky divorce laws in have allowed courts to rule in favor of Joint Custody much more frequently in recent years. If the parties agree on joint custody (or shared custody) in a Parenting Plan or Visitation Schedule , it is likely to be granted. The following relevant factors are considered when weighing KY child custody awards:

	The wishes of the child's parent or parents;
	The wishes of the child as to his custodian;
	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 by any de facto custodian;
	The intent of the parent or parents in placing the child with a de facto custodian; and
	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 court will not consider conduct of a proposed custodian that does not affect his relationship to the child. If domestic violence and abuse is alleged, the court will determine the extent to which the domestic violence and abuse has affected the child and the child's relationship to both parents.

The abandonment of the family residence by a custodial party shall not be considered where said party was physically harmed or was seriously threatened with physical harm by his or her spouse, when such harm or threat of harm was causally related to the abandonment.

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 parent, and if they are unable to agree, the court will apply a standard visitation schedule. The court's standard plan will be less detailed as any you might develop, so do your best to come up with your own plan.

It would likely include: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of 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, alternate years on the children's birthdays, and open communication by phone and computer. A parent not granted KY custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral, or emotional health. Upon request of either party, the court shall issue orders which are specific as to the frequency, timing, duration, conditions, and method of  scheduling visitation and which reflect the development age of the child.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. Be familiar with the divorce laws in your state. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.  

Spousal Support
Kentucky Alimony
Maintenance

Alimony (or Maintenance as its sometimes called) can be ordered paid by one or the other parties based on the following circumstances:

	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 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 ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking alimony/maintenance.

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Grounds For Divorce

	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.  

Marriage Annulment
Marital Annulment

One must petition the court for a marriage 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,
	Mental illness- If your spouse has some mental illness
	Bigamy- If your spouse was already 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.
	Incest (consanguinity)- the marital relationship between parent and child, stepchild; grandparent and grandchild; aunt and nephew; uncle and niece etc.,

The annulment process carries with it a greater burden to prove to the court that a marriage should be voided with an annulment.  

Mediation
Marriage Counseling

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.   

Marriage Separation
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 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 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.  

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. If you want to avoid a separate legal action, with separate legal fees, see if your visitation with your grand kids can be settled  during their parents divorce.    

Divorce Settlement
Distribution of Assets

Kentucky is considered an 'Equitable Distribution' state. In the absence of a divorce 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:

	Value of the property set apart to each spouse
	Duration of the marriage; and
	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.;
	Contribution of each spouse to the acquisition of the marital property, including contribution of a spouse as homemaker;

The point is..you and your spouse better come to a settlement agreement between you, or the court will have a settlement for you. and one or both of you may not like it.

Did you come into this marriage 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? Confused about how divorce laws will protect you? Here's how state divorce laws work 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.  

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, 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.