How Do I Begin A Divorce Action In Kentucky?
The first step in beginning a divorce action in Kentucky is to consult with an experienced divorce attorney such as the attorneys of Musselwhite Meinhart & Staples, PSC. Our attorneys have a thorough understand of Kentucky divorce laws and the understand how to use the law to protect your rights during and after a divorce proceeding.
Below are some of the most common questions our attorneys are asked regarding divorces in Kentucky. We understand your situation may be different or that you may have other questions; therefore, we encourage you to contact our office to schedule a free consultation to review your case with an experienced divorce attorney.
Common Questions About Divorce in Kentucky
What are the grounds for divorce in Kentucky?
Over 30 years ago, Kentucky enacted “no fault” divorce laws whereby either spouse could claim that the marriage was irretrievably broken and receive a dissolution of marriage. The party must state under oath that he or she believes the marriage is irretrievably broken and cannot be fixed even with the assistance of the court or other programs. It is not necessary for both spouses to agree that the marriage is broken – it is sufficient to satisfy the law and the court if only one spouse swears the marriage is broken and cannot be fixed.
Are there mandatory classes that I must attend as part of my divorce process?
For parties without children, the court does not require the parties attend any special classes or counseling to obtain a dissolution of marriage. However, if the parties have children, the court requires that both parents attend an educational program entitled Families in Transitions. Children who are between the ages of five and seventeen also attend these classes. The intent of the classes is to help parents work together for the best interest of their children. The classes also help children understand that the dissolution of the marriage was not their fault.
Are we required to use mediation services as part of the divorce process in Kentucky?
Mediation is an effective took that same time and money in a contested divorce action. In some cases, mediation is able to bring the parties together to work out an agreement that is mutually beneficial to both parties. However, if mediation fails, the court will set a trial date for the parties to present evince for the court to make a final ruling. Depending on your situation, the court may require you to begin with mediation because it is such an effective means of resolving differences in family court cases.
Do I have a say in the judge that is assigned to my divorce case?
No, judges are assigned in family court cases based on a predetermined rule. The days of “picking and choosing” a judge are long gone.
How does child support work?
Kentucky has standard Child Support Guidelines written into its laws; however, even with the guidelines, things may not always be very clear. It is always in your best interest to seek an experienced child custody and child support attorney. You can read more about child support on our blog page.
How is spousal support calculated in a Kentucky divorce action?
Spousal support in Kentucky is not calculated by a set of standards; however, there are factors that judges use in order to determine the amount and during of alimony. You can read more about this in our Slide Share presentation or contact our office to discuss your specific situation with an experienced, high-trained spouse support attorney.
What if my spouse now lives out of state?
Our attorneys can still help you obtain a Kentucky dissolution of marriage even though you spouse may now reside in a different state. Your case may be slightly different from a typical Kentucky divorce; therefore, we encourage you to contact our office as soon as possible to discuss how we can help you obtain a divorce when you spouse lives in another state. The first step we will take is to determine if you qualify for a divorce in Kentucky before we move to discussing how we can obtain the divorce under Kentucky law with a spouse living out of state.
Contact an Experienced Kentucky Divorce Attorney
We’ve Helped Thousands of KY Families, we can help you!
The divorce lawyers of Musselwhite Meinhart & Staples, PSC help individuals who need experienced divorce counsel. We also handle all matters related to family law including child custody, child support, spouse support, modification orders, adoptions, and premarital agreements.
Our law firm represents clients throughout central Kentucky. Contact our office by calling 270-506-4052 to schedule a free bankruptcy consultation with an experienced bankruptcy attorney. You may also contact our office through our convenient online contact form.