There is no common law marriage in Kentucky. So, you can get a divorce after a common law marriage only if you were married in a different state or commonwealth that recognizes that type of relationship. However, you still have a right to seek family court orders after breaking up with a live-in romantic partner if you need legal help with child support or child custody. And contract, business, or property laws may protect you and help you with the financial fallout of ending your relationship.
One of the best ways to protect yourself in a breakup is to talk to Pamela C. Bratcher, Attorney at Law. Attorney Pamela Bratcher has been providing top-level representation for more than 30 years, and her counsel is compassionate and straightforward.
Is Kentucky a Common Law State?
No. There is no recognition of common law marriage in Kentucky. However, if you entered a common law marriage in a state that recognizes that type of union, the Commonwealth of Kentucky will recognize your relationship as a marriage. According to the Social Security Administration, the following states or areas recognize common law marriages in some capacity:
- Alabama,
- Alaska,
- Colorado,
- The District of Columbia,
- Florida,
- Georgia,
- Idaho,
- Indiana,
- Iowa,
- Kansas,
- Michigan,
- Minnesota,
- Mississippi,
- Montana,
- Nevada,
- New Hampshire,
- New Jersey,
- New York,
- Ohio,
- Oklahoma,
- Pennsylvania,
- Rhode Island,
- South Carolina,
- South Dakota,
- Texas, and
- Utah.
In many of the above-listed states or areas, common law marriages are recognized only if they were entered into before a certain date—sometimes, that date is many decades in the past. Our firm can do the research and detailed analysis necessary to determine if your out-of-state common law marriage would qualify as a marriage in Kentucky.
Do You Have to File for Divorce in a Common Law Marriage?
In many cases, no. If your relationship originated in Kentucky, then you probably do not have to file for divorce to break up. In fact, if you are in a common law marriage, a divorce might not be an option for ending your relationship.
However, regardless of your relationship status, you will likely have to make a trip to the family court if you and your significant other share a child. The court needs to make custody decisions based on the best interests of your child. The court also needs to calculate you or your partner’s child support obligations based on the number of children you share, your custody arrangement, and your combined income.
If you started or maintained your relationship in a state that recognizes common law marriage, you may have to initiate a divorce or common law separation to officially part ways. If you do file for divorce, the court must make decisions about:
- How to divide your property,
- Child support,
- Child custody, and
- Spousal support.
Although couples in common law marriages might not have access to divorce court, they could have other options for legal support in their breakup.
Legal Options for Ending an Unrecognized Common Law Marriage
As we mentioned above, common law married couples who aren’t recognized by this commonwealth can seek court action to receive child custody and child support orders. But matters regarding children are not the only matters a court can address if you are splitting from a common law spouse.
If you and your common law spouse own property together, you might have contract or property rights that a civil court can handle. And depending on how you and your common law spouse manage your finances, you might have additional rights under the commonwealth’s business laws.
We Can Champion Your Rights
Whatever the nature of your relationship, the Law Office of Pamela C. Bratcher, can help ensure that your rights are protected in a breakup. Attorney Pamela Bratcher has extensive experience in several legal settings, and she has been fighting for clients since 1988. To schedule a consultation, you can contact our firm online or by phone.