Frequently Asked Questions on Kentucky Divorce Law
When your marriage ends, you face serious legal and financial challenges along with the emotional impact of a breakup. Numerous questions may arise about your options and the best way to protect your interests. At Larmour Law Offices, PSC in Georgetown, we offer comprehensive counsel on issues such as child custody, spousal maintenance and property division. Attorney Ashley Larmour is an experienced Central Kentucky family law advocate and can answer all of your questions, including common inquiries such as:
- How long does the divorce process take?
- Should I put together a prenuptial agreement?
- How is the division of marital assets determined in Kentucky?
- What if my spouse does not want a divorce?
- Are there divorce filing challenges for residents who are temporarily out of state?
Several factors can affect how long the divorce process might take. If you and your spouse agree on parenting and financial terms, you could complete an uncontested divorce within 90 days. However, when disagreements exist over custody, spousal maintenance or property division, the process might last more than a year, especially if the parties go to trial. At the outset of a divorce, we explain the options and provide an informed assessment about how long the case might last.
Establishing a prenuptial agreement is a decision that should be made after an honest discussion between prospective spouses. When handled correctly, both parties can benefit from an enforceable document that clarifies financial issues and averts the potential for costly litigation should the marriage end in divorce. Our firm thoroughly reviews the relevant financial details and drafts language that reflects the intentions of the spouses.
Kentucky courts divide marital assets and debts according to the state’s equitable distribution standards, which means that if the couple cannot agree on how marital property should be allocated, the judge decides what is fair. The value does not have to be split evenly, so it is important to have an attorney by your side who can deliver a strong argument on your behalf. Factors that can be considered in these decisions include the duration of the marriage, each party’s ability to support themselves and how each spouse contributed to the acquisition of marital property.
As a “no fault” divorce state, Kentucky marriages can be legally terminated based on the fact that the union is irretrievably broken. You do not have to prove that your spouse committed adultery or any other type of misconduct. Accordingly, the fact that one party declares that irreconcilable differences exist among the couple is sufficient to obtain a divorce. You can end the marriage even if your spouse disagrees.
Typically, a spouse must have lived in Kentucky for at least 180 days in order to file for divorce. This applies to military personnel and their spouses who are stationed within the Commonwealth. A legal resident of Kentucky is permitted to file here if they are posted elsewhere. However, it can be complicated to litigate a divorce proceeding from a distance. If you’re a legal Kentucky resident who is considering initiating a marriage dissolution case here, we can advise you how issues such as litigation discovery, custody arrangements and property division might be handled.