Overview of Divorce in Kentucky

Nobody likes to see a marriage end, but there are reasons why two people may find that they simply can’t get along and that ending it would be in the best interest of both. When people file for divorce, they may be so emotional that they neglect to take important information into account such as residency requirements, grounds for divorce, and property division factors. If you are going to file for a divorce in Kentucky, then read through the following information first.

Residency requirements in the state of Kentucky

When filing your petition for divorce in Kentucky, the first thing you need to do is make sure that the Circuit court is presiding over the case. In order for them to do so, you must fulfill the residency requirements for that state. In Kentucky, the court will only preside over the case if one of the parties resided within the state while the action was commenced or were stationed in the state while in the armed forces for a period of no less the 80 days. In Kentucky, the petition for dissolution of marriage is usually filed in the county in which the plaintiff lived. If you aren’t sure if you meet the residency requirements, make sure you contact the Clerk’s office of domestic relations.

Grounds for Divorce in Kentucky

In order to file for divorce in Kentucky, then you must first fulfill the obligatory grounds under state law. The main reason for grounds in this state is Irretrievable breakdown. In this case, the courts will decide whether or not there is any chance that the marriage can be saved. If it feels that there is hope, it may require the parties involved to seek counseling sessions in order to reach a state of reconciliation. If parties state there they have irreconcilable differences, they must provide evidence or testimony in order to back up their claim.

Property Division in Divorce Cases

In the state of Kentucky, the issues of property division is usually determined by the parties involved and if they cannot reach an agreement then the court will have to decide. Kentucky bases this division of property by the equitable distribution method.  In making this decision, the court will not consider marital misconduct; instead, they base it on factors such as the contributions that each spouse made to the property, and value of the property that is held by each spouse in the case.

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