If the parties cannot agree upon terms in a separation agreement, the court will make those determinations at trial. Pro se litigants parties who choose to proceed without attorneys are held to the same standard as an attorney when trying their case and can often find it difficult to navigate their way through the proceedings.
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Property is anything you own or in which you have a vested interest. It includes real property such as buildings and land, and personal property such as cash, bank accounts, financial instruments, stocks, furniture, jewelry, automobiles, etc. Your retirement accounts and interests in other properties, companies, or ventures may also subject to division. Marital property generally includes property acquired during marriage, was given to both parties as a gift, or inherited by both parties together.
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The court will generally try to divide the value of the marital property between the parties in an equitable manner. If the property was acquired before marriage, or is one of the specific exceptions to " marital " property then the property will be considered "non-marital. Examples of "non-marital" property include property that was already owned before marriage, or property inherited or received as a gift individually. Generally, courts will divide marital property equally. However, a court may give one spouse a disproportionate share of the marital property after it considers the facts of the particular case.
The court will consider factors such as each spouse's income, spousal maintenance, and non-marital property, who contributed to the marital property, which spouse will stay in the marital home, if there are children, and if a spouse improperly destroyed or wasted marital property. In most cases, property or debts acquired after the date of separation belong to the person who incurred or acquired it. However, if debts were incurred to cover basic necessities, it is possible a court will allocate that debt in a different manner between the parties.
Many of my clients incorrectly assume that as long as a debt is not in their name, it is not theirs and cannot come back to haunt them. If a debt is only in one party's name, it can still be a marital debt that both are responsible to repay.
Legal Information: Kentucky
If the debt is in both parties' names, it belongs to both of you. When dividing the debt the court will consider whether the debt started during your marriage, and whether the debt was incurred for a marital purpose, i. It is even possible that, without adequate protections in place, one party may be pursued and ordered to pay debts that a divorce court allocated to the other party. This is a common pitfall most people, including lawyers, do not fully understand.
In most divorces where one or both of the spouses has pension or retirement benefits, there is no money to divide yet because the spouses have not reached retirement age or the penalties and fees for accessing the money are prohibitive. Nevertheless, pensions and retirement accounts can be marital property and subject to division. The law is complicated and has some exceptions. We typically use a Qualified Domestic Relations Order "QDRO" to facilitate the transfer of on party's share of the funds at either a later date or into a new account managed separately from the original account.
There are many different kinds of retirement accounts and each account or fund has its own rules that become relevant when drafting a QDRO. It is often necessary to contact the a fund manager directly to ensure your attorney has the information necessary to develop a QDRO that best suits your situation and protects your rights. As with property and debts, a divorce decree or separation agreement must address custody and parenting time of any minor children. If you and your spouse cannot agree on custody or parenting time, the court will make those determinations at trial.
The court will make a determination of custody and parenting time based on what it determines to be in the child's best interest. When determining the "best interest" of the child, the court will consider various factors including, the wishes of the parents, the wishes of the child, the relationship and interaction of the child with the parents, siblings, and any other person who might significantly affect the child's best interests.
The court will also consider factors such as the child's adjustment to his or her home, school, and community, the mental and physical health of all individuals involved, and information, records, and evidence of domestic violence and drug abuse. Child safety issues are of particular importance and can be a decisive factor in any custody. See generally KRS Make sure you discuss any child safety concerns that may exist as earlier as possible with your attorney.
Under KRS The action may be brought in the county in which the child resides or where the defendant resides. Kentucky has child support guidelines courts use to decide how much to set for each parent's obligation. Anyway, preparing for divorce you should determine marital and separate property.
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Under the "equitable distribution" rules only the marital property is subject to division during a divorce. Surely, if the spouses have a Premarital Agreement their property must be divided under its terms, even if they differ a lot from these Equitable Distribution principals. Marital debt is a part of a marital property. In Kentucky, to divide it properly the court considers such factors as liabilities and financial conditions of each spouse, purposes with which some loans and credits were taken, and also who caused and collected the debt, and who is more responsible for it.
Divorce Mediation is a form of alternative dispute resolution, simply put, it is the way how to resolve some significant issues outside the court. Divorce mediation is aimed at real solution of problems jointly by spouses and not on their competition. The spouses should reach an agreement about property division and children-related issues, and a mediator helps them to understand each other, to discuss the problems politely, and eventually to make a successful Marital Settlement Agreement.
It can be said that divorce mediation is an attempt to avoid litigation. Also, though mediators also charge an hourly payment, it is much less than attorneys fees, and you may need just a few sessions. View all reviews. If your spouse is missing and cannot be found you may file for Divorce by Publication. You should file an Affidavit for Warning Order Attorney form to request this service.
The specialist has 50 days to search for your spouse and to prepare a report describing all the efforts made. The notice of your case must be published in a local newspaper in the county where you filed for divorce.
Filing for Divorce in Kentucky
Divorce by publication is, generally, a Default Divorce, it assumes that the non-filing spouse fails to respond the Petition. After this period you can file a Motion for Default Judgment and notarize it with the court clerk in order to start a default divorce without your partner. Annulment is recognition the marriage as void and illegal from the very beginning. Surely, there is a list of special legal grounds to annul the marriage.
A procedure of the Legal Separation is rather similar to divorce, except that Legal Separation doesn't actually legally end the marriage, and the spouses can't remarry. To file for a legal separation you need to file a special Petition, and your spouse has to agree with this decision. Oftenly, people choose a legal separation if they keep the hope to reconcile someday, or for some religious or financial reasons.
Same-Sex marriage and with it, of course, a divorce are officially recognized in the state of Kentucky since the relevant Supreme Court ruling in This landmark ruling declared the gay marriage to be the constitutional right, so now, three years later, same-gender couples have the same rights and have to go through exactly the same divorce procedure as the straight ones.
However, Kentucky is still quite famous for the intolerant views of some judges, and the scandals associated with discrimination against LGBT still periodically break out in the state. So, unfortunately, in some cases depending on the county, court, judge, and case specificity you may even need a qualified attorney for your divorce to fight against prejudice.
In Kentucky, to file for a military divorce the residency requirements are the same as for civil divorce, however, they are also spread to the place of deployment of a military member spouse. So the filing spouse should reside in Kentucky or be stationed in a military base there for at least days before filing the Petition. Though the serving requirements are the same as for civil divorce, and your spouse still must be personally served with a paperwork the divorce case may be postponed for the whole time the military spouse in on duty. Also, there are an additional 60 days after that, in order for the military spouse had time to sort ou all the divorce issues and give an answer.
You may deliver the papers by certified mail with return receipt. You as a Petitioner may have to pay that attorney's fee. Court filing fees are in addition to the cost of using DivorceFiller. This cost may vary by county. Please check with your local courthouse to determine the exact amount. Yes, a filing fee can be waived. In order to start this IFP in forma pauperis motion you should file a special form providing the court with a detailed data about your financial hardship account statements and so on.
If the court approves it you can be exempt from paying the filing fee. An uncontested divorce is quite a calm and easy procedure if you're well-prepared, so we are here to guide you through the process. We offer an inexpensive and quick document preparation, reviewing the forms and online support.
Please click here if you are not redirected within a few seconds. Online Divorce in Kentucky is quick and easy. See if you qualify for Online Divorce. Have you and your spouse agreed on the key divorce issues?
Not sure. Kentucky divorce details Disclaimer : DivorceFiller is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Uncontested VS Contested Divorce in Kentucky Two main ways you can go arranging your divorce are to contest the case or not.