Kentucky Divorce Laws 5

In: Kentucky

Divorce Law Basics in the State of Kentucky

Also See: Kentucky Marriage Laws

Statute: Kentucky State Divorce Code (Title 35, Chapter 403)

No-Fault Grounds: Irretreivable breakdown – parties must live apart for at least 60 days before a decree will be entered.

At-Fault Grounds: Kentucky has no provisions for at fault divorce

Residency: Either party must have been a resident continuously for 180 days or more prior to filing.

Legal Separation Recognized? Yes. Alimony can be awarded without having a divorce pending. Decree of legal separation can be converted to decree of divorce after one year upon motion by either party.

Counseling Requirements: The court may require the parties to attend a conciliation mediation

Property Distribution : Kentucky relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony : Alimony may be awarded to either party and is at the discretion of the judge.

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