What are the divorce laws in Kentucky?

In Kentucky, the grounds for divorce are “no-fault.” To file for divorce in Kentucky, neither party has to show that the other party is at fault, such as adultery. The Kentucky court is required to make a finding that the marriage is irretrievably broken before the court can enter a decree for a divorce.

How is property divided in a divorce in Kentucky?

Kentucky has equitable distribution laws in place, meaning that all marital assets are supposed to be split 50-50 in the case of a divorce. Marital property includes that which was obtained during the course of the couple’s marriage, even if title to a particular asset is held in only one of the spouse’s names.

How long do you have to be separated in the state of Kentucky to get a divorce?

In Kentucky, however, you must be legally separated for a minimum of one year before either spouse can ask for a formal divorce. (K.R.S. § 403.230.) It’s important to understand that you can only file for a legal separation if both spouses agree to the legal process.

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How is alimony determined in Kentucky?

The duration of payments is determined by a judge in Kentucky family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Does it matter who files for divorce first in Kentucky?

If the marriage is just breaking down and both parties need to move on with their life, it doesn’t matter who files first. In Kentucky, there are options on how to approach the handling of a divorce. … Mediation is now generally requested by the Court in all family court cases in Kentucky.

What can you not do during a divorce?

25 Things Not to Do During a Divorce

  • Do not lie or hide things from your attorney. …
  • Do not use illegal drugs and do not associate with people who use illegal drugs. …
  • Do not discuss the case with your children. …
  • Pay Attention: Do not post your divorce drama on Social Media.

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How do I divorce my wife and keep everything?

How To Keep Your Stuff Through Divorce

  1. Disclose every asset. One of the most important things you can do seems, at first, counter-intuitive. …
  2. Disclose offsetting debts. Likewise, it is important to disclose every debt, especially debts secured by marital assets. …
  3. Keep your documents. …
  4. Be prepared to negotiate.

Can you empty bank account before divorce?

You can legally withdraw up to half of the money in a joint bank account before the divorce is filed. It is extremely important that this is done before the divorce is filed; otherwise you are violating the law. Once divorced, all of your joint bank accounts must be liquidated and split between the two parties.

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Is it illegal to cheat on your spouse in Kentucky?

The short answer to this question is no. Adultery is not a crime in Kentucky. … As a no-fault state, Kentucky law does not require anyone to be responsible for the failure of the marriage, only that it is “irretrievably broken.”

How much does divorce cost in KY?

How much does it cost to get a divorce? The court will charge a filing fee of $113. You usually have to pay this fee in cash or by certified check or money order. You should check with your local court clerk’s office to find out your county’s exact fee.

Are separate bank accounts marital property?

But the benefit of this money management system is mostly psychological, rather than legal. If you live in a community property state, anything acquired during the marriage — including the income used to fund those separate accounts — is considered “community property” and therefore belongs to both spouses.

Who pays for divorce if adultery?

In this case, your spouse’s adultery may result in he or she paying more alimony. Your spouse’s adultery can only affect the divorce so much, however. When determining alimony, the adultery must generally have made an obvious financial impact on you and your spouse’s finances.

What is proof of adultery in court?

Evidence that the defendant had the chance to have sexual relations coupled with a desire, or opportunity and inclination, might be sufficient to prove guilt. Photographs or testimony of a witness who observed the couple having sexual intercourse is not necessary.

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Does a husband have to support his wife during separation?

If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.

What is the fastest way to get a divorce in Kentucky?

The uncontested divorce in Kentucky is perhaps the easiest to complete from a process point of view. While there are several legal options for bringing your marriage to an end in Kentucky, an uncontested divorce is often the fast and most cost-effective solution.

Can you date while separated in KY?

Dating can complicate issues if custody or timesharing of minor children is involved or if you are attempting to do an uncontested divorce. It is recommended that you wait until your divorce action is finalized to date.

After Divorce