Kentucky Divorce & Separation
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Separations and divorces are commonplace across the United States, but the laws and rules governing these processes can vary significantly from one state to another. What are the requirements for getting a divorce in Kentucky? Is mediation a requirement before you can get a Kentucky divorce? What is Kentucky law on annulments? Find the answers to your Kentucky divorce questions here.
Kentucky Legal Separation:
Legal separations are allowed in Kentucky. Separations do not end the marital relationship like a divorce would, but they can resolve nearly every other issue arising out of a previous marriage. A separation decree will be granted if jurisdictional and residency requirements for a divorce are met, the marriage is irretrievably broken, and all issues regarding child custody and child support have been arranged for.
Grounds for Divorce/Fault – No Fault:
Kentucky has only no-fault grounds for divorce. Thus, a divorce can be obtained simply on the grounds of “irretrievable breakdown of the marriage” relationship.
Residency/Where to File for Divorce:
The plaintiff or the defendant must be a resident of Kentucky for 6 months before filing. If in the military, the party must have been stationed in the state, with his/her military presence maintained for the 180-day period preceding the filing of the petition.
Availability of Simplified or Special Divorce Procedures:
There are no particular simplified divorce procedures available in Kentucky, though minor time-saving and paper-saving measures do exist. For instance, waiver of service is allowed if the defendant and a credible witness both sign off on it. Similarly, uncontested divorces can be heard before a court clerk or by sworn statements (rather than having to appear before a judge).
Kentucky Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Kentucky:
Kentucky’s “Mandatory Mediation Prior to Trial” statute requires couples to engage in mandatory mediation (alternative dispute resolution) before litigating their case in court. The circumstances in which mediation is mandatory include 1) whenever all parties agree to it, 2) upon motion by any party, with the requesting party paying the costs of mediation, or 3) upon order by the trial court, with costs allocated amongst the parties.
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with, for reasons including: fraud, duress, a party’s minor status, consanguinity, and in some cases the failure to consummate the marriage (by the time of the action) may be sufficient for a judge to void the marriage.
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