Friday, February 4, 2011

Kentucky Divorce Laws


The Circuit Court shall enter a decree of dissolution of the marriage, if the Court finds that one (1) of the parties at the time the action was commenced, resided in this State, or was stationed in this State, while a member of the armed forces, and that the residence or the military presence was maintained for 180 days next preceding the filing of the petition. [Kentucky statutes-chapter 35-title: 403140]


If both parties to petition or otherwise stated under oath or affirmation that the marriage has irretrievably broken, or one of the parties is so declared, and the other has not denied, the Court, after hearing, do a search if the marriage has irretrievably broken. No decree is entered until the parties have lived apart for 60 days. Live apart includes live under the same roof without sexual cohabitation. The Court may order a conciliation Conference as part of the hearing. [Based on statutes Kentucky-title 35-Chapter: 403170]


If a party requests a decree of legal separation, rather than a decree of divorce, the Court grants the decree in that form, unless the other party objects, in which case the latter shall be subject to the other provisions of this chapter. Not more than one year after the entry of a decree of legal separation, Court movement of both sides must convert the decree a decree of dissolution of the marriage. [Kentucky statutes-chapter 35-title: 403140 and 403230]


The Court may order a conciliation Conference as part of the hearing to determine if the marriage has irretrievably broken. If there is a finding of domestic violence, the Court does not order mediation, unless required by the victim of the alleged domestic violence and abuse, the Court finds that: (1) the victim's request is voluntary and not the result of coercion; and mediation (2) is a realistic and viable alternative or a complement to the issuance of an order requested by the victim of the alleged domestic violence and abuse. [Kentucky statutes-chapter 35-title: 403036, 403170]


Kentucky is a State of an equitable distribution. the Court shall divide the marital property without regard to marital fault in proportions only taking into account all factors, including:

Contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker. Value of the property are characterized by each spouse. Duration of the marriage. Economic situation of each spouse when the Division of property is to become effective, including the opportunity for designation of a family home or the right to live therein for reasonable periods for a spouse having custody of children.

conjugal Property: all property acquired by spouses after marriage except:

Property acquired by gift, bequest, devise or descent during the marriage and the income therefrom unless there are meaningful activities for spouses who have contributed to the increase in property value and the said income earned by it. Property acquired in exchange for assets acquired before marriage or in exchange for property acquired by gift, bequest, devise or descent. Property acquired by a spouse after a decree of legal separation. Property excluded from a valid agreement between the parties. The increase in value of assets acquired before marriage, to the extent that this increase has not been determined by the efforts of the parties during the marriage.

All assets acquired by the spouses after marriage and before a judgment of separation is assumed to be matrimonial property, regardless of whether the title is held individually or by the spouses in some form of co-ownership, joint tenancy, tenancy as joint tenancy by the entirety of the property of the community. The presumption of marital property is superseded by an exhibition that the property was acquired by a method listed in the previous section. [Kentucky statutes-chapter 35-title: 403190]


The Court may grant an order for maintenance of the spouses only if it finds that the spouse seeking maintenance:

Lacks sufficient property, including spouses, attributed to him, to predict its reasonable needs. Is able to sustain itself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the guardian is not required to seek employment outside the home.

The order for maintenance must be in such amounts and for such periods of time, as the Court deems just and after considering all relevant factors, including:

The financial resources of the party seeking maintenance, including the marital property attributed to him and his ability to meet its needs, including the extent to which a provision for support of a child who lives with the party includes a sum for that party as the guardian. The time necessary to acquire sufficient education or training so that the party seeking maintenance to find suitable employment. The standard of living established during the marriage; (d), the duration of the marriage. The age and physical and emotional condition of the spouse seeking maintenance. The ability of the spouse from whom maintenance is sought to meet its needs during the meeting of those of the spouse seeking maintenance.

[Kentucky statutes-chapter 35-title: 403200]

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