Frequently asked questions
Divorce and Separation
What's the difference between divorce and dissolution in Kentucky?
In Kentucky, "dissolution of marriage" is the legal term for what many people call "divorce." Both terms refer to the legal process of ending a marriage. Kentucky uses "dissolution" because it's considered less adversarial than "divorce," though the legal effect is the same.
How long does a divorce take in Kentucky?
It depends on a lot of factors, but if children are involved, Kentucky requires a 60-day waiting period from the date you file your petition until the court can grant your dissolution. However, most cases take 6-12 months to complete, depending on complexity. High-asset divorces or contested custody cases can take 18 months or longer.
What are the grounds for divorce in Kentucky?
Kentucky is a "no-fault" divorce state, meaning you only need to prove the marriage is "irretrievably broken." You don't need to prove adultery, abuse, or other misconduct. The court only needs to find that you and your spouse can't get along and there's no reasonable prospect of reconciliation.
Q: Do I need to be separated before filing for divorce?
No, Kentucky doesn't require a formal separation period before filing. However, you and your spouse must live separate and apart for at least 60 days before the court can grant the dissolution. This does not mean live in separate homes, separate and apart is in reference to “marital relations.”
How much does a divorce cost in Kentucky?
Costs vary significantly based on time expended and complexity. It is impossible to estimate the total cost of a divorce, as there are too many variables in every case. We believe everyone should have the opportunity to have an opportunity to hire quality legal representation, through our Justice Equity Program.
Custody
Q: How does Kentucky determine child custody?
Kentucky courts use the "best interests of the child" standard outlined in KRS 403.270. The court considers a list of factors which include, but is not limited to:
The wishes of the child (if mature enough)
The relationship between the child and each parent
The child's adjustment to home, school, and community
The mental and physical health of all parties
Any history of domestic violence
What's the difference between legal custody and physical custody?
Legal custody is the right to make important decisions about your child's education, healthcare, and religious upbringing. Physical custody (called "parenting time" in Kentucky) determines where the child lives and when they spend time with each parent. Parents can share both legal and physical custody.
Does Kentucky favor mothers over fathers in custody cases?
No. Kentucky law is gender-neutral and doesn't prefer mothers or fathers. Courts make custody decisions based solely on the child's best interests, regardless of the parent's gender. Kentucky has a presumption, in most cases, that it is in the children’s best interest for parents to have joint custody and equal parenting time.
Child Support
How is child support calculated in Kentucky?
Kentucky uses income-based guidelines found in KRS 403.212. The calculation considers both parents' gross monthly income, number of children, and the parenting time schedule. The cost of health insurance and work related childcare is usually divided in proportion to the parent’s income.
When does child support end in Kentucky?
Child support typically ends when the child turns 18, unless they're still in high school (then until graduation or age 19, whichever comes first). Support may continue beyond 18 if the child has special needs or if the parents agree to college support.
Can child support be modified?
Yes, but only if there's been a "material change in circumstances that is substantial and continuing." Examples include significant income changes, changes in parenting time, or changes in the child's needs. Kentucky presumes that a 15% change in the child support figure is a substantial and continuing change.
What happens if someone doesn't pay child support?
Kentucky has strong enforcement tools including wage garnishment, asset seizure, tax refund interception, license suspension (driver's, professional, recreational), contempt of court (possible jail time), and credit bureau reporting. In addition, unpaid child support can incur interest at 12% per year and Kentucky has a criminal statute for non-support.
Does Kentucky require parents to pay for college?
No, Kentucky doesn't automatically require parents to pay for college expenses. However, parents can agree to college support in their divorce agreement, and the court can enforce such agreements.
Property Division
How is property divided in Kentucky divorce?
Kentucky follows "equitable distribution," meaning property is divided fairly but not necessarily equally. The court considers factors under KRS 403.190 including each spouse's contribution to the marriage, length of the marriage, economic circumstances of each spouse, and age and health of the parties.
What's the difference between marital and separate property?
Marital property includes assets acquired during the marriage and is subject to division. Separate property includes assets owned before marriage, gifts, inheritances, and items specifically excluded by agreement. Separate property typically remains with the original owner.
Is my spouse entitled to my retirement account?
If you contributed to retirement accounts during the marriage, your spouse may be entitled to a portion of those contributions and earnings. This often requires a Qualified Domestic Relations Order (QDRO) to divide retirement accounts without tax penalties.
What happens to the family home in divorce?
Options include one spouse keeping the home and "buying out" the other's interest, selling the home and dividing the proceeds, continuing joint ownership temporarily (rare), or awarding the home to the custodial parent until children reach majority.
Are inheritances subject to division in divorce?
Generally no, inheritances are separate property. However, if inheritance funds were mixed with marital assets or used for marital purposes, they might become subject to division.
Spousal Maintenance (Alimony)
Domestic Violence
Appeals
Working with an Attorney
Getting Started
Will I have to pay alimony in Kentucky?
Not automatically. Kentucky courts award spousal maintenance only when one spouse lacks sufficient property and income to meet reasonable needs. The court considers factors under KRS 403.200 including marriage length, financial resources, earning capacity, and standard of living during marriage.
How long does alimony last?
Kentucky maintenance can be temporary (during divorce proceedings), rehabilitative (limited time for education/training), or permanent (rare, usually for long marriages with significant income disparity). Most awards are rehabilitative in nature and depending upon the factors of each case, will determine the length of maintenance.
Can alimony be modified?
Yes, but only with a substantial change in circumstances for either party, such as job loss, significant income change, remarriage, or cohabitation. The parties can agree that maintenance cannot be modified.
How do I get a protective order in Kentucky?
You can petition for a Domestic Violence Order (DVO) or Emergency Protective Order (EPO) at the courthouse. You'll need to show you have a qualifying relationship with the abuser (family, dating, living together), acts of domestic violence have occurred or you're in imminent danger, and the order is necessary for your protection.
What does a protective order do?
A protective order can require the abuser to stay away from you, award you temporary custody of children, remove the abuser from your shared home, prohibit contact (including social media), and order the abuser to surrender firearms.
How long does a protective order last?
Domestic Violence Orders can be issued for up to 3 years. Before the expiration of the time of a Domestic Violence Order, it can be requested to be renewed. There is no limit on the number of times a Domestic Violence Order can be renewed, so long as the court finds that the protection is still needed.
Can I appeal my family court decision?
Yes, you have an absolute right to appeal final orders to the next highest court, which is usually the Kentucky Court of Appeals. Appeals are highly technical, time-consuming, and have specific procedural requirements. Appeals are typically required to be filed within 30 days of a final order, so decisions regarding appeals need to be made quickly.
What are the chances of winning an appeal?
Appeals are difficult to win because appellate courts give great deference to trial judges' decisions and discretion, especially on factual matters. You must show the trial court made a legal error abused its discretion or that the decision was clearly erroneous.
Do I need an attorney for my divorce?
While Kentucky allows self-representation, family law is complex with long-term consequences. You should strongly consider an attorney if you have children, significant assets or debts, business interests, retirement accounts, disagreements with your spouse, or complex financial situations. Usually trying to save money by not hiring an attorney costs more money in the long run.
Will the court order my spouse to pay my attorney fees?
Sometimes. Kentucky courts can order one spouse to pay the other's attorney fees if there's a significant disparity in financial resources and the requesting spouse lacks sufficient funds for adequate representation.
What should I bring to my first consultation?
Bring your marriage certificate, recent tax returns (2-3 years), pay stubs and employment information, bank statements and financial account information, information about real estate, investments, retirement accounts, list of debts and monthly expenses, any existing court orders, and photos of any injuries (domestic violence cases).
How do I prepare for divorce?
Key preparation steps include gathering financial documents, opening individual bank account, establishing individual credit, documenting assets and debts, considering temporary living arrangements, prioritizing your goals for children and property, and consulting with a qualified family law attorney.
Should I leave the marital home?
This depends on your specific situation. Leaving might be necessary for safety but could affect temporary custody arrangements. Consult with an attorney before making this decision.
Ready to discuss your Kentucky family law matter?
Jason A. Bowman has over 20 years of experience helping Kentucky families navigate complex divorce, custody, and family law challenges. Our Louisville firm serves clients throughout Jefferson County and surrounding areas.
Call today for a confidential consultation: (502) 861-7414
This FAQ provides general information only and does not constitute legal advice. Kentucky family law is complex and case-specific. Always consult with a qualified Kentucky family law attorney regarding your specific situation.