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Kentucky Divorce & Family Law Summary
Kentucky divorce law governs the legal dissolution of marriages, addressing issues such as the division and distribution of marital property, child custody, and spousal support.
Kentucky divorce law allows spouses to choose the divorce process. Should they choose no-fault divorce, neither spouse will be required to prove the other party’s wrongdoing to obtain a divorce. All that is required is for one or both parties to attest that irreconcilable differences exist.
This summary is not intended to be a substitute for obtaining timely legal advice from an experienced Kentucky divorce lawyer. This summary provides a starting point from which to obtain additional information based on your specific situation and goals.
This summary provides information on the following divorce issues and processes:
- Residency Requirements
- Legal Grounds For Divorce
- Legal Separation
- Property Distribution
- Child Custody
- Child Support
- Legal Name Change
Residency Requirements
The Court shall enter a decree of dissolution of marriage if the Court finds that one of the parties, at the time the action was commenced, resided in this state for no less than 180 days preceding the filing for divorce.
Legal Grounds For Divorce
If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated, and the other has not denied it, the Court, after hearing, shall make a finding whether the marriage is irretrievably broken.
No decree shall be entered until the parties have lived apart for 60 days. Living apart includes living under the same roof without sexual cohabitation. The Court may order a conciliation conference as part of the hearing.
Legal Separation
While Kentucky law does not have a formal or court-ordered “legal separation,” couples seeking to live apart may do so without divorcing. This is called an informal separation. Couples who choose to separate are urged to create a written separation agreement addressing matters such as property division, spousal support, and child custody and support.
Property Distribution
Kentucky is an equitable distribution state. This means the court will divide the marital property without regard to marital misconduct and do in fair and equitable in proportions and considering all relevant factors, including:
- Contribution of each spouse to the acquisition of the marital property, including a contribution of a spouse as a homemaker
- Value of the property as to each spouse
- Duration of the marriage
- The economic circumstances of each spouse
Marital Property Defined
All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether the title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property.
Maintenance – Spousal Support
Kentucky courts consider various factors when determining whether to award spousal maintenance (also known as alimony) and, if so, the amount and duration.
The maintenance order shall be in such amounts and for such periods as the Court deems just after considering all relevant factors, including:
- The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for the support of a child living with the party includes a sum for that party as custodian
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
- The standard of living established during the marriage
- The duration of the marriage
- The age and the physical and emotional condition of the spouse seeking maintenance
- The spouse’s ability from whom maintenance is sought to meet his needs while meeting those seeking care.
Child Custody
Kentucky courts prioritize the best interests of the child when determining child custody arrangements in a divorce.
Types of Custody in Kentucky:
- Legal Custody: This is where the decision-making authority is over major aspects of the child’s life, such as education, healthcare, and religious upbringing.
- Joint Legal Custody: Parents share decision-making responsibility under this form of custody. This is preferred in Kentucky unless it’s not in the child’s best interest.
- Sole Legal Custody: This is when one parent has exclusive decision-making authority.
Physical Custody: This is where the child lives and spends their time. - Primary Residential Parent: In this situation, the child primarily resides with one parent, who becomes the custodial parent.
- Joint Physical Custody: In this type of custody, the child spends significant time with both parents, though not necessarily equal time.
Determining The Best Interests of The Child
Kentucky law outlines factors courts must consider when determining the child’s best interest:
- Wishes of the child: Courts may consider the child’s preference, especially if they are of sufficient age and maturity.
- Relationship between each parent and child: This includes their love, affection, and emotional ties.
- Ability of each parent to provide: Courts assess factors like housing, financial stability, and the ability to meet the child’s basic needs.
- Mental and physical health of each parent: The court considers any health issues that might impact a parent’s ability to care for the child.
- Domestic violence or abuse: The court prioritizes the child’s safety and well-being. A history of abuse can significantly impact custody decisions.
- Parent’s willingness to foster a relationship: Courts favor parents who encourage a healthy relationship between the child and the other parent. (Parent Alienation is heavily disfavored by the courts)
- Child’s adjustment to home, school, and community: Courts strive to minimize disruption to the child’s life.
Child Support
Kentucky uses the Incomes Shares Model to determine child support. The child support obligation outlined in the child support guidelines and interactive estimator is divided between the parents in proportion to their combined monthly adjusted parental gross income.
Name Change
In Kentucky, a spouse can change their name to a former name as part of the divorce process by
including the name change request in the divorce petition.
The former spouse can also change their legal name after the divorce.
How A Typical Divorce Case Proceeds in Kentucky By Divorce Attorney Eric Bates:
Kentucky Child Support Enforcement
Department for Income Support, Cabinet for Families and Children
730 Schenkel Lane – PO Box 2150
Frankfort, Kentucky 40602-2150
Kentucky Family Courts
Kentucky Family Court is a division of the Circuit Court, Kentucky’s highest trial court level.
- Kentucky Family Court (Kentucky Court of Justice)
Sources and References
Cornell Law Information Institute
Child Support Interactive Estimator
Divorce Law Attorney Eric Bates
