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Kentucky Divorce Law

Divorce Laws in Kentucky

According to Kentucky divorce laws, you do not need to prove grounds in order to receive a divorce in KY. The court will grant a petition on the grounds that there has been an irretrievable breakdown of the marriage, with the parties living separate and apart for 60 days. This is referred to as a no-fault divorce. Additionally, the spouse filing for the decree of divorce must have been a resident in the state of Kentucky for 180 days prior.

Alimony & Equitable Distribution in Kentucky

Kentucky is known as an equitable distribution state. According to the divorce laws in Kentucky this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife. However, maintenance will only be awarded if the requesting spouse is unable to properly provide for him/herself. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid. Marital fault may not be considered in determining whether or not alimony is granted, but may be used in determining how much.

Kentucky Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to Kentucky divorce law, is the best interest of the children. However, under KY divorce laws, the court will grant joint custody if it is considered to be in the best interest of the child. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in Kentucky.

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