In the state of Kentucky, the grounds for divorce are considered “no
fault,” which means that neither party needs to prove that the other
party is at fault in causing the marital breakdown. In Kentucky, a court
must determine that a marriage is irretrievably broken before a decree
of dissolution can be entered.
If you have resided in Kentucky for 180 days prior to filing your divorce
petition, then you can legally file for divorce in the county in which
you reside. Kentucky does not recognize common law marriage.
To begin the divorce process, you need to file a Petition, Family Case
Data Sheet, Civil Summons, and a VS-300. Our attorneys have decades of
experience filing these forms and can help interpret the legal jargon
so you understand what the forms require. If you wish to begin the process
as soon as possible, our team can file these forms efficiently so you
can move on.
When it comes to property distribution, each state has its own rules. Kentucky
is considered an “equitable distribution” state, which means
that all marital property is subject to division on an equitable basis,
which does not necessarily mean an equal basis. It is the court’s
job to equitably divide marital property, while restoring each party with
its non-marital property. The distinction between marital property and
non-marital property can be technical, confusing, and difficult to ascertain,
and some assets have both a marital and non-marital component. In some
instances, it takes significant skill and records investigation to determine
the marital, as compared to non-marital, component of assets. At Katz
Law, we undertake this rigorous, detailed analysis when necessary, and
have consequently saved, or obtained, millions in assets for our clients.
