When you and your spouse decide to end your marriage, the big question you might ask is, What comes next? At the Law Office of Pamela C. Bratcher, we can guide you at every stage of a breakup and let you know what to expect.
Attorney Pamela Bratcher has over 30 years of experience and is ready to take on anything for her clients. Contact us today for the best support while you work through a dissolution of marriage in Kentucky.
Is Dissolution the Same as Divorce in Kentucky?
Yes. In Kentucky, “dissolution of marriage” and “divorce” mean the same thing. Both refer to the legal process of terminating a marriage, allowing spouses to remarry. The only requirement for divorcing in Kentucky is to show that the marriage is irretrievably broken. Additionally, couples who want a dissolution of marriage in Kentucky must live apart for at least 60 days.
Residence Requirements for Divorce
Before you file a petition for dissolution of marriage in Kentucky form, you must ensure you meet the residence requirements. At least one spouse has to have lived in Kentucky for 180 days or more before filing. This requirement helps ensure that Kentucky has jurisdiction over the case.
What Is in a Divorce Decree?
When you ask for a divorce in Kentucky, the court needs to make decisions on the following:
- How to divide property and debts between the spouses,
- What child custody rights each spouse will receive,
- What child support obligations each spouse will have, and
- Whether either spouse will receive spousal maintenance.
Spouses who can see eye-to-eye on these matters can enter a separation agreement that covers how they will handle each aspect of their divorce. However, the court will not enforce the agreement if it believes the agreement is unconscionable or unfair to either spouse. If the spouses cannot agree, the court decides for them. Let’s review the different aspects of a divorce decree.
Property Division
Kentucky follows the principle of justly dividing marital property. This means property obtained during the marriage is divided fairly, though not necessarily equally. When making its distributions, the court considers:
- Each spouse’s contribution to obtaining the property, including non-financial contributions like homemaking;
- The length of the marriage; and
- The financial circumstances of each spouse.
The court might also consider any spouse agreements, such as a prenuptial agreement. However, the court typically does not divide separate property, which is property owned before the marriage, obtained after a separation decree, or acquired by gift or inheritance.
Child Custody
Kentucky divorce courts must arrange for each child’s care and financial support when spouses share children. Joint custody and shared parenting time are presumed to be in the child’s best interests unless evidence suggests otherwise. However, courts make custody decisions according to the best interests of the child and consider the following factors:
- The child’s needs;
- Each parent’s ability to care for the child;
- Each parent’s ability to facilitate a relationship between the child and the other parent;
- The health of everyone involved;
- The wishes of the child and the parents;
- The child’s adjustment to home, school, and community; and
- Evidence of abuse or neglect.
The court encourages parents to write a parenting plan, but the court will decide if they cannot agree.
Child Support
Kentucky has a standard formula for calculating child support based on both parents’ incomes, the number of children, and specific expenses like child care and health care. Courts may deviate from the formula in special circumstances, such as when a child or parent has extraordinary medical or educational needs.
Spousal Maintenance
Courts may award spousal maintenance (alimony) if one spouse cannot meet their reasonable needs after a divorce. Factors affecting maintenance include:
- The financial resources of the spouse seeking maintenance,
- The standard of living the spouses had during the marriage,
- The length of the marriage,
- The age and health of the spouse seeking support,
- The financial abilities of the spouse asked to pay maintenance, and
- The time the spouse seeking maintenance needs to find sufficient employment.
A spouse’s maintenance obligations last only as long as the court believes it is just.
Take the Next Step
If you’re considering filing for divorce in Kentucky, consulting an experienced attorney can be the best decision you can make for yourself. Pamela Bratcher has decades of experience and receives top ratings from her clients. Contact the Law Office of Pamela C. Bratcher today to schedule a consultation.
Resources
- Kentucky Revised Statutes, §403.140, link.
- Petition for Dissolution of Marriage, link.
- Kentucky Revised Statutes, §403.190, link.
- Kentucky Revised Statutes, §403.270, link.
- Kentucky Revised Statutes, §403.212, link.
- Kentucky Revised Statutes, §403.211, link.
- Kentucky Revised Statutes, §403.200, link.