Divorce Guide to Kentucky

Divorce Guide to Kentucky

A woman's guide to getting a divorce in Kentucky

Posted to Resources by First Wives World on Sat, 01/22/2011 - 6:04am

KENTUCKY DIVORCE LAWS:

The Residency Requirement: The party filing the divorce must have lived in Kentucky for 180 days prior to filing.

Grounds: No fault: The irretrievable breakdown of marriage. The parties must have lived apart for 60 days before the decree, but that can be under the same roof, as long as there is no sexual contact.

Property division: Kentucky is an equitable-distribution, dual-classification state. That means property is classified as either separate or marital; separate property must go to the property owner, while marital property is divided between the parties “equitably.” Equitable means fairly, based on how the parties acquired and treated the property during the marriage; it does not mean equally (click the following for an overview and key tips on dividing up property through divorce).

Alimony: There is a preference not to award alimony. The court may order alimony only if it finds that the spouse seeking maintenance:

• Lacks sufficient property to provide for his or her reasonable needs, and
• Is unable to support himself or herself through appropriate employment or
• Is the custodian of a child whose age or condition make it appropriate that the custodian not seek employment outside the home. 

Child Custody and Child Support: As in all states, the court’s primary consideration is “the best interests of the child.” The court may grant joint custody to the child’s parents if it is in the child’s best interests (click the following for an overview and list of articles on child custody and child support).

Kentucky child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.

For a combined gross monthly income of:

• $2,000, support for one child is $350; for two children, $512; for three children, $642.
• $5,000, support for one child is $676; for two children, $1,010; for three children, $1,257.
• $10,000, support for one child is $1,005; for two children, $1,515; for three children, $1,899.

You can get a better idea of child support in your case by filling out the child support worksheets: http://chfs.ky.gov/dis/cse.htm#calculate

Support may include sums necessary for a child’s education, including education after the child reaches 18.

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.