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Laws & Courts:
State Law - domestic relations statute, Title XXXV, Chapter 403 "Dissolution of Marriage and Child Custody." Court of Justice - organizational charge of the Kentucky court system, with links to the different levels and agencies.
Kentucky Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Enforcement Commission - news, FAQs, statistics and more from the Kentucky Child Support Enforcement Commission. Child Support Worksheet - online worksheet for child support calculations. Critique of the Kentucky CS System - from
Roger F. Gay, Project for the Improvement of Child Support Litigation Technology.
Additional Resources:
Kentucky Bar Association - news and information from the KBA. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. For Kentucky chapters contact Kevin Obrian at 513-624-7223. Parents and Children for Equality (PACE) - Northern Kentucky Chapter. Address:
P.O. Box 74126
Dayton, KY 41074
Phone:
606-647-2235
Legal overview Divorce in Kentucky requires that you have been resident for at least 180 days. There is only one specific "ground" required to obtain a divorce in Kentucky, a "no-fault" divorce. Read our detailed legal summary of Kentucky including grounds, residency, child custody, child support, alimony, settlement agreements, property, visitation, and legal separation.
Residency
If you seek to file a divorce in Kentucky, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce in Kentucky you must have be a resident of Kentucky for at least 180 days. The papers for dissolution of marriage must also be filed in a county where either of the spouses resides.
Grounds
As such, grounds for divorce in Kentucky are no longer applicable since the state legislature has converted Kentucky into a "no-fault" state. The only thing that the parties need to prove to have a judge grant a divorce under the no-fault system is that the marriage is "irretrievably broken". The court is not allowed to grant a divorce until the parties have not lived together for over a 60-day period. However, living apart is defined to include living together without sexual cohabitation. If the court feels that the marriage still has a chance of survival it has the power to suggest that the parties seek counseling. The court also has the power to order a conciliation conference, where is can make a finding whether the marriage is irretrievably broken.
Property
Kentucky is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage or property that a person had before the marriage is not subject to division in a divorce. To prove that you had property that should be considered non-marital property you need to show that you either owned it before marriage, it was a gift to you from someone besides your spouse and was only meant for you, and that you inherited it. Some examples of non-marital property might include cars, boats, cabins, and farms. The court will determine what is non-marital property before proceeding with the case.
Marital property, on the other hand, will be divided in just proportions, most likely equally. Even if one spouse stayed home and cared for the house and the children, most courts will consider that an equal contribution to the relationship and thus that spouse will be awarded an equal share of the property. It is best for you and your spouse to agree on which spouse takes what piece of property, it simplifies the entire process. If settlement is unlikely, you will need to determine the value of each and every piece of property that you own. If you do not agree with your spouse on the values a court appointed appraiser will have to value the goods, and it is likely that they will appraise it at an amount lower than you would like. All debts acquired during marriage will be considered marital property and should be distributed likewise.
Settlement Agreements
Marital settlement agreements and separation agreements are specifically authorized. The terms of the separation agreement are binding on the court unless if finds it unconscionable. All courts encourage the parties in every divorce to try their best to work out all issues between the two spouses. Everything can be concluded in the agreement, from child support and custody, to property division and alimony.
Alimony
Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is generally based on the financial circumstances of the divorcing spouses. To help determine the amount for alimony it is important to look at the standard of living prior to the divorce. There are a few different forms of alimony. The first is temporary maintenance, which is paid from one spouse to the other during the trial or proceedings and before the divorce is finalized. Rehabilitative maintenance, is where one spouse (usually from a short marriage) pays for the other to complete an education or a program that will help the other spouse be able to earn their own living. And lastly, permanent maintenance, where the court describes an amount that one spouse should pay to the other for either a specified period of time, or an open-ended period of time. In the determination of alimony fault does play a role. However, only the fault of the party seeking maintenance will be considered, not the party who will be paying. Any special needs that require financial assistance, such as a disability, will need to be considered in determining maintenance.
The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if necessary at all), is usually for a shorter period of time, and smaller amount than in the past, although alimony in Kentucky is for an indefinite period, meaning that it may be increased or decreased if there is a change in one of the party's circumstances.
Child Custody
Most parents agree about the custody, child support, and visitation issues relating to their children. Joint custody arrangements have become common place and in some states the "norm" in determining the care, custody and support of children. If the parents are unable to 'work it out', a judge will ultimately decide these issues for the parents. However, before a judge makes any final decision the parents will likely be sent to mandatory mediation to attempt to work out child custody and visitation between the two of them.
If a judge is forced to make custody decisions he or she will been to base the decision on genuine evidence, like medical opinions. The judge will also take into account history of child abuse and drug and alcohol addictions. Furthermore, the judge will consider and protective orders that have been issued to help determine what is in the best interest of the child. This is the ultimate factor that the court uses to determine the award of custody. However, the courts in Kentucky tend to grant joint custody, where the parents share in the decisions making process, note that this does not effect the amount of time you will spend with your children.
Child Support
Child support is the amount that the court determines should be paid from the non-custodial parent to the custodial parent to help maintain the children until they reach age 18. Child support determinations can only be altered if there has been a substantial and significant change in the circumstances relating to the children.
Child support is calculated based on the Kentucky State Guidelines for determining child support, eliminating what might otherwise be the biggest 'problem area' between divorcing parents. Unless the parents reach an agreement about the amount of child support to be paid, the State Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and more importantly, in the best interest of the children.
Kentucky, like all other states, has guidelines for determining the amount of child support to be paid. The percentages of net income are generally presumed to be in the child's best interest and will give you a "guide" to determining child support. Unless both parents agree to an amount other than that calculated using the guidelines, child support must based on the guidelines as a percentage of the parent who will pay the support's disposable (net) income.
Visitation
Much like calculating child support, the standard visitation 'schedule', which is presumed to be in the best interest of the children, is 'universally' accepted. Although parents are generally free to visit with their children at all times mutually agreed to by the parties, the Standard visitation schedule provides a 'safety net' for those times when parents cannot agree. With some minor differences, generally Kentucky uses what is considered to be the "standard" visitation schedule that is basically: Every other weekend; Summer visitation of approximately 4-6 weeks and Alternating Holidays.
Legal Separation
Kentucky law specifically provides for a legal separation, often called a "limited divorce" or a "divorce from bed and board", (separate maintenance i.e. alimony & child support). A legal separation does not end the marriage. The parties remain married with provisions for parenting and support of children and spouse set out in a legal separation document. The only ground for separation is the same as for divorce - irretrievable breakdown of the marriage.
