Kentucky Divorce

Who Makes and Tries Kentucky Divorce Law

The state legislature defines Kentucky divorce law in Title XXXV of the Kentucky Revised Statutes (KRS). Only a Court, not a jury, can grant a divorce in Kentucky as set forth in KRS 403.010. Family Courts hear issues regarding dissolving a marriage, custody and support.

Family Courts In Kentucky

Family Courts in Kentucky are under the power of the state Circuit Courts. In 2002, Kentucky voters overwhelmingly decided to expand the state’s Family Court program. The system previously mixed family law cases in with the other civil and criminal cases on the Court’s calendar. The new system greatly decreases the time it takes for Courts to rule in divorce cases. If you file for divorce, your local Family Court will probably hear your case.

Advisory Committees

A Circuit Court judge may appoint an independent advisory committee to review divorce cases. The Court does not pay individuals serving on the committees for time or expenses. The committees makes recommendations that the Court may or may not follow.

Friends of The Court

Some Courts appoint Friends of the Court to supervise child custody, support and visitation. These “Friends” are licensed attorneys who, at a judge’s request, review cases to determine what is best for children of divorce. If necessary, “Friends of the Court” get involved with the discovery process, and may even attend depositions, meetings, etc.

Legal Requirements For Ending A Marriage

Kentucky divorce law states that the filing party must meet certain conditions before a Court can legally dissolve his or her marriage.

• According to KRS 403.140 1(a), to meet the residency requirement, a party must have lived in the state, or been an active member of the military stationed in the state, for at least 180 days before he or she filed for divorce. Only credible witnesses can prove residency.
• A court must decide if the marriage is irrevocably broken as defined in only KRS 403.170. Parties may show proof this statute does not apply to them.
• KRS 403.140 1(c) gives Courts power to approve any request for a legal separation rather than a divorce, provided both parties agree.

Waiting Period

In a Kentucky divorce involving children, the law requires a mandatory 60 day waiting period before the Court can make a lasting decision in the case. The waiting period starts on the service date of the Petition, however, until it expires, a Court can issue a temporary order for pressing matters. A full waiting period may not be necessary if one of the following factors takes place:

• An attorney representing a defendant/respondent files an Entry of Appearance
• The defendant/respondent in the divorce or his attorney files a response
• Upon the “appointment of a warning order attorney”

Divorce Petitions In Kentucky

Verified Divorce Petitions in Kentucky must explicitly state:

• Name, birth date, social security number and address of each party and their minor children as set forth in KRS 403.135
• Date and place marriage commenced
• Date parties separated
• Plan for custody, visitation, child support, and alimony
• What relief the filing party seeks

Property Division

KRS 403.190 lists the following factors the Kentucky divorce court will consider when deciding how divorcing couples should divide property.

• What property each spouse has contributed to the marriage
• The value of the property contributed by each party
• How long the marriage lasted
• How the divorce will affect each party from a financial standpoint
• Whether a domiciliary parent should have rights to the couple’s home

Spouse Not Paying Child Support?

If your spouse is not paying child support, contact the Department for Community Based Services, Child Support Division for help. This agency also provides guidelines to help calculate how much money you, or your spouse must pay in child support.

Find An Attorney

This article is for informational purposes on Kentucky divorces only and you should not view it as legal advice. Seek counsel from an attorney licensed in Kentucky to confirm that the information you have read here, and on other websites, is true.

Comment on Kentucky Divorce

(Displayed with your comment)                        (Will not be displayed)

Verification Code: