Divorce Lawyers in La Grange
Kentucky law offers the provision of no-fault divorce. This means that couples can get divorced without assigning fault to either spouse for the breakdown of the marriage.
“Irretrievable breakdown,” “irreconcilable differences,” or similar reasons may be grounds for a no-fault divorce in the state. Kentucky state law provides for purely no-fault divorce, implying that the only reason for divorce is agreement between the parties that the marriage cannot be saved.
Some common questions that asked of our LaGrange divorce attorneys are as follows:
Is it possible to acquire a divorce in La Grange, Kentucky for living separately?
Married spouses who reside apart from one another, do not engage in a traditional marital relationship, and have no intention to reconcile are believed to be “living separate and apart” in divorce law. If either spouse files for a divorce in La Grange, KY, citing that the couple has been living apart for at least 60 days, they may be able to obtain a divorce.
Is legal separation possible under KY law?
Legal separation, also known as “judicial separation,” refers to a legal process that allows spouses to legally live apart while remaining married in the eyes of the law.
Some married couples who wish to live apart may be able to acquire legal separation orders under KY law. Legal separation encompasses matters typically involved in a divorce, such as alimony and division of assets. A full divorce may follow a judicial separation, or the couple may later iron out their differences and end the legal separation while remaining married to each other.
How is divorce different from an annulment in La Grange, Kentucky?
Divorce refers to the legal process of ending a lawful marriage, while an annulment is a process that renders a marriage of no legal effect. After an annulment, it is as if the marriage never legally took place.
In general, an annulment is a process used to end a marriage that should not have been legal to begin with, such as a marriage where either spouse was not in a position to consent (due to being underage, intoxicated, or mentally incapacitated), a marriage entered into using fraudulent pretenses or under duress, or when one spouse is already married to someone else.
How long do I have to reside in KY to obtain a divorce?
In KY, spouses filing for divorce should have resided in the state for at least six months before applying for the divorce. Otherwise, KY law will not have jurisdiction over the divorce petition.
What timeframe will I be able to acquire a divorce in KY?
In the absence of any holdups, it takes a minimum of 180 days to process the documentation for a divorce. But, if either spouse objects to the divorce, the process can take much longer.
Can my spouse prevent me from obtaining a divorce?
The unwillingness of one spouse to agree to a divorce cannot prevent the other spouse from filing and obtaining a divorce in KY. The process of divorce is faster with a non-contested divorce case, but either partner can apply for a divorce by themselves at any time.
Can I receive maintenance, or will I have to give maintenance to my spouse?
The court has the sole discretion to award alimony/spousal maintenance in La Grange and other areas of KY. To award maintenance, a judge must find that the spouse seeking maintenance:
- Lacks adequate property to provide for a reasonable lifestyle
- Does not have the ability to support their lifestyle through reasonable employment
The court will assess both these aspects before deciding on granting maintenance.
How long will it take my La Grange, KY divorce case to conclude?
Every KY divorce petition is unique. Therefore, the time taken in each case will vary. In some KY counties, there are specific filing stipulations and disclosures that must be addressed. In case kids are involved, it may be necessary for you to take part in a parent education class, depending on your county regulations.
The failure to complete these classes on time could cause delays in the divorce process.
Before the divorce comes through, do other matters such as alimony, division of property, child custody, and child support need to be addressed?
In general, a La Grange court will not offer a ruling unless all matters have been addressed. Only in exceptional cases will a judge grant a temporary decree pending final matters.
What are the main steps when filing a divorce application in La Grange, KY?
Some key steps when applying for a divorce in La Grange, KY, are as follows:
- KY state residency requirements must be met by you or your spouse
- You must present a legally acceptable reason, or “grounds” to exit your marriage
- You must file the right paperwork and have copies of the documents sent to your spouse. Contact an experienced lawyer or your local courthouse for the exact regulations for serving divorce papers.
- In case your spouse objects to any aspect in the divorce application, they can file papers stating their side. This response may include their opinion challenging the divorce petition, asking for the divorce to be granted on different grounds, or informing the judge of their disagreement with the divorce.
If the divorce is contested, you may need to visit the court a few times to resolve the issue. In case a specific time elapses, and your spouse has not signed the papers by then or filed their response, the divorce may be deemed to be uncontested, and you may obtain a divorce decree anyway.
Schedule an Appointment with a Proven and Focused La Grange Divorce Lawyer Today
You should work with an experienced Kentucky divorce attorney when divorce and separation are inevitable. With strong legal counsel by your side, you and your kids can make a smooth transition into the future. The skilled and compassionate attorneys at the law offices of John. H Ruby & Associates can protect your interests and help you obtain a divorce as seamlessly as possible. Message us online or call (502) 895-2626 today for an in-depth consultation.