Kentucky Divorce and Residency
The residency of an individual defines where a divorce case shall be
filed. The Kentucky circuit courts of each county will handle the
residents within their counties. If a case is filed to the wrong court,
the court will throw out the case and it will be dismissed.
Under Kentucky law only one individual in the marriage is required to
be a resident of Kentuck however the individual petitioning does not
need to be a Kentucky resident if his or her spouse is a Kentucky
Kentucky requires that individuals reside in the state for a minimum of
one hundred eighty days before residency is granted. Those who are
stationed in the state for military duty also meet these requirements
at one hundred eighty days.
Filing Grounds in Kentucky
In order to have a divorce case legalized there needs to be proper
grounds for divorce. These are the reasons for why a divorce is
requested. One individual may state the grounds for divorce and later
prove them before the court or both individuals can agree on the
grounds for divorce while petitioning.
Kentucky has a specific set of grounds that it deems as legal. Any
grounds outside these sets will not allow a divorce to be granted.
The breakdown of a marriage with irretrievable damage is the only
instance in Kentucky where a divorce will be granted. Both individuals
must state in the petition or in court that the marriage at hand is
broken beyond repair, and the divorce will be granted. If one of the
individuals names the marriage to be broken beyond repair and his or
her spouse does not deny this claim, then the court will decide if the
divorce will be granted.
Before a divorce can be finalized the individuals must live in separate
homes for a minimum of sixty days or living in the same household
without residing in the same room for cohabitation for sixty days. A
reconciliation conference can be ordered through the court.
Filing for Divorce
Filing for divorce can be a difficult process and can include as many
as twenty different documents. Once filed these documents will be
processed and maintained by the circuit court's clerk's office in the
county of residency.
Some of the documents that are included in divorce cases include
Conclusions of Law and Decree of Dissolution of Marriage forms,
Affidavit Regarding the Children forms, Marital Settlement Agreement
forms, Verification forms, Notice of Hearing forms, Request for Hearing
forms, and Findings of Fact forms.
Kentucky considers itself to be an equitable distribution state where
all the property acquired during the marriage will be divided in a fair
manner. This manner may not divide the property evenly between the
spouses. If the individuals cannot reach a settle the property on their
own, then the court will award the property and debts separately.
Property can be distributed depending on spouse education, economic
standings, the length of the marriage, contribution to the household,
current income, and any children present. Any misconduct during the
marriage will not affect the property distribution.