Shepherdsville Divorce AttorneysDivorce, also known as legal separation or dissolution, is the process of terminating a marriage through official judicial action. This process both terminates and creates new legal liabilities. In Kentucky, “no-fault” divorce regulations apply, which means that the breakdown of the marriage is not attributed to any one spouse. Kentucky law requires that at least one spouse consider there to be an “irretrievable breakdown” of the marriage with no possibility of reconciliation.
Before filing for a divorce in Shepherdsville, you must have been a Kentucky resident for at least 180 days. Furthermore, you must be separated for 60 days. Rather than living separately, this stipulation refers to a lack of marital contact.
In the absence of an agreement between the divorcing parties, the court shall distribute property based on its own judgment. It will assign equitable shares of the marital property to each party. The law of equitable distribution applies in KY, meaning that the court will divide the marital property without regard to marital misconduct in fair proportions considering all pertinent factors, such as:
- Each spouse’s contribution to the acquisition of marital assets, including spousal contributions as a homemaker
- Value of assets assigned to each spouse
- Length of the marriage
- Each spouse’s financial situation when the property division is to become effective, which includes the suitability of awarding the family residence or the right to live on the property for reasonable periods to the party having custody of any children.
Spousal Maintenance in Shepherdsville, KY
When there is no agreement, either party may claim spousal maintenance. The court will evaluate all pertinent factors to calculate the amount of the maintenance order and for what duration it shall be awarded. These factors include:
- The financial circumstances of the party seeking maintenance, including their share of the marital property, and their ability to meet their needs independently, including the degree to which a provision of child support with the party includes an amount for that party as custodian
- The time required to obtain adequate education or training to allow the requesting party to acquire suitable employment
- The standard of living set forth during the marriage
- The duration of the marriage
- The physical and emotional state, and age of the spouse requesting maintenance
- The capability of the paying spouse to meet their own needs while meeting those of the spouse seeking maintenance
Child Custody in Shepherdsville, KY
In awarding child custody, the court will look at the child’s best interests and offer equal consideration to each parent as well as to any de facto custodian. To determine child custody, the court will evaluate all vital factors, including:
- The preferences of the child’s parent(s) and any de facto custodian
- The preferences of the child about their custodian
- The interrelationship and engagement of the child with their parent(s), their siblings, and any other individual who may significantly impact the best interests of the child
- The physical and mental health of all persons involved
- Records, information, and evidence of abuse
- The degree to which the child has been nurtured, cared for, and supported by any de facto custodian
- The intention of the parent(s) placing the child with a de facto custodian
If there is alleged domestic violence and abuse involved in the case, the court will understand the level to which such domestic violence and abuse have impacted the child and the child’s relationship with both parents.
Child Support in Shepherdsville, KY
In a divorce or legal separation case, either party may file for temporary child support with notice to the opposing party. To determine child support amounts, the state uses the Income Shares Model. The revised statutes include Kentucky’s child support guidelines and table.
The official child support guidelines table details the child support obligations for parents, and the child support amount is to be divided between the parents proportionate to their combined income.
Frequently Asked Questions
Can I get my marriage annulled in Kentucky?
The court can order a marriage annulment only in specific cases, and it may not annul a marriage because the parties made a mistake.
When can I file a divorce petition in Kentucky?
You can file a divorce petition with the court clerk in the county where you live in Kentucky, contingent to you having resided in KY for 180 days before filing the petition.
When will my case end?
Every case is unique and will take varying durations to finish. Certain counties in KY have particular filing requirements and disclosures. In addition, you may need to attend a parent education class during the divorce if children are involved.
There could be a delay in the divorce process if these classes are not completed in a timely way.
What if my spouse does not want the divorce?
Kentucky is a no-fault state, which means that it does not matter if one party does not want to proceed with the divorce. Even if only one spouse wants the divorce, the court will enter a decree.
Do the other issues, such as child custody, child support, property, and alimony, have to be decided before the divorce’s finalization?
In general, a KY court will not enter a decree until all matters are settled. The court will only enter a temporary decree pending final issues in special circumstances.
Do I have to continue to live in Kentucky after I file the divorce petition?
No, the residency requirement for filing a divorce in Kentucky requires the party to have resided in the state for 180 days before filing the divorce case.
What if I work in the military and am out of state?
If KY is your home state, it may be possible to file a divorce petition in the state to dissolve marriage.
Consult a Reputable Shepherdsville Divorce Attorney
At John H. Ruby & Associates, we understand the challenges that a divorce case presents, whether you are filing the petition or have recently been served papers. Our experienced divorce lawyers will help you navigate the legal process and understand how it applies to your situation. Call (502) 895-2626 to schedule a free initial consultation.