HOW LONG WILL IT TAKE FOR FINALIZATION OF MY DIVORCE?
If a couple has minor children it takes at least 60 days after (i) service of the Petition for Dissolution on the party who did not file the divorce action, or (ii) after he or she enters an appearance in the court case, for the divorce to become final and a Decree of Dissolution entered.
A couple having no minor children may be divorced 60 days from the date of "separation," even if they continue to live together so long as there is no sexual cohabitation during that 60 day period.
WHAT DOES THE COURT CONSIDER MARITAL PROPERTY AND HOW WILL IT BE DIVIDED?
Martial property is property acquired during the marriage, other than by gift or inheritance to a specific party. Property acquired by either party before the marriage is routinely deemed to be nonmarital property and is not subject to division by the court. However, some exceptions may apply, in instances where nonmarital property is combined with marital property and its source cannot be determined.
Because Kentucky is a no-fault state, it is not necessary to prove fault on the part of either party in order to obtain a divorce. However, the marriage must be shown to be "irretrievably broken" even if only one party believes that to be true.
This also means that the marital property is divided between the parties without regard to fault. Therefore, even though a party may well be "at fault," he or she will not be penalized through the division of property.
Marital property is usually divided equally, however, that is not true in every instance. Kentucky law requires the court to take into consideration, among other things, the contribution by each party to the acquisition of property, as well as the financial circumstances of both parties at the time of divorce. The contribution of stay-at-home mothers and homemakers is commonly considered equal to that of a working spouse.
WILL THE COURT AWARD ME ALIMONY?
In situations where one party is unable to meet his or her reasonable needs through appropriate employment, alimony or "maintenance" may be awarded to that party. This issue is often a source of potential litigation in divorces, where both the amount and duration may be in dispute.
HOW DOES THE COURT DETERMINE CHILD SUPPORT?
Child support is often the source of significant litigation between couples. In Kentucky, it is based on the gross incomes of the parties, and is determined by the Kentucky Child Support Guidelines. At certain income levels, above those set out in the guidelines, the amount of child support is subject to determination by the court, with limits. If a party is voluntarily unemployed, the court may impute income to that party. Also, time-sharing arrangements may affect the amount of child support.
In Kentucky, financial support for a child continues until that child’s 18th birthday or graduation from high school, whichever is later. In divorces involving a disabled child, support may be ordered beyond the child’s emancipation.
HOW WILL THE COURT DETERMINE CUSTODY OF MY CHILDREN?
In Kentucky, the "best interest of the child" standard is utilized in determining custody. Joint custody is usually awarded unless the fitness of either parent is called into question. Joint custody means that the parties share the decision-making with regard to the child, and that each has an obligation to consult with the other regarding major issues such as education or health.
In a sole custody arrangement, which is unusual, one parent is chosen as the single decision maker regarding the upbringing of the child. Due to the exclusion of one parent in a sole custody arrangement, it is seldom granted.
In joint custody arrangements, both parents share custody of the child. One parent will have primary physical custody of the child, with a visitation schedule established for the non-custodial parent. A standardized visitation schedule is relied on by many Kentucky courts. However, the courts encourage parents to communicate and decide the best time-sharing arrangements for their child. Usually, the court will approve any time-sharing arrangements to which the parties may agree.
WHAT IS A PRENUPTIAL AGREEMENT AND DO I NEED ONE?
A prenuptial agreement is a contract entered into before the marriage to protect the financial rights and obligations of both parties in the event of divorce, or the death of one of the parties. Typically, when one party has substantially more financial resources than the other, or in certain other situations (including prior-born children, inheritance rights, etc.) a prenuptial agreement is desired by that party to protect his or her assets or rights. Should a marriage subsequently be terminated, litigation potential is significantly reduced by having a valid prenuptial agreement.
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These, as well as any other questions you may have, will be discussed with you at length by the attorney at your initial divorce consultation.
