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Are You Seeking to Divorce in Kentucky?
Couples in Kentucky get divorced for all kinds of reasons. Sometimes, they divorce for no apparent reason at all. If you’re considering divorce in Kentucky, or if you expect your spouse will be divorcing you, consult a Northern Kentucky divorce attorney as quickly as possible.
What are the leading reasons for divorce? What are the requirements for divorcing in Kentucky? How does the divorce process work in this state? When will you need to contact a Covington divorce lawyer, and what steps will that lawyer take on your behalf?
A divorce unfolds in several stages, so if you are divorcing in Kentucky, have patience and use the time to learn more about your rights in the divorce process.
What Are Kentucky’s Requirements for a Divorce?
Kentucky is a no-fault divorce state. This means you do not have to prove that your spouse is at fault for the divorce. Instead, at least one spouse must simply affirm to the court that the marriage is irretrievably broken and beyond repair.
If you can demonstrate to the court that your marriage is irrevocably broken, and if at least one of the spouses has been a resident of Kentucky for at least six months, you are eligible to file for divorce in Kentucky.
A Kentucky court will allow a no-fault divorce even if only one spouse agrees. However, a divorce cannot be finalized until the spouses have resided separately for at least sixty days. The sixty days serve as a cooling-off period for both spouses to allow for a potential reconciliation.
Why Do Marriages End in Divorce?
These are the leading causes of divorce. If anything on this list currently pertains to your marriage, you and your spouse may be on the path to a divorce:
- infidelity
- disability or long-term illness
- having a child/inability to have a child
- employment or financial changes or hardships
- abandonment, desertion, or separation
Does Fault Play Any Role in a Kentucky Divorce?
Fault usually does not matter in a divorce in Kentucky. This is a no-fault divorce state, so the only time fault plays a role in a Kentucky divorce is when the court divides the marital properties and assets or when it determines which parent will have custody of the couple’s child or children.
In rare cases, a Kentucky court may award a greater share of the marital properties and assets to a spouse who has been wronged. If one spouse has a record of child abuse or domestic violence, that spouse almost certainly will not be awarded child custody.
However, without documentation of fault, it can be challenging to prove, and an accusation of fault may generate counter-accusations. Thus, even when awarding child custody and dividing marital assets, Kentucky courts rarely consider fault unless that fault is egregious and provable.
How Does the Divorce Process Work?
After one spouse files for divorce and affirms the marriage is irretrievably broken, both spouses and their divorce attorneys may negotiate agreements about alimony, child custody, child support, and the division of marital properties and assets.
The negotiation stage of a Kentucky divorce is a critical part of the process. To avoid a divorce trial – and the time and cost that a trial entails – both divorcing spouses need to understand their financial circumstances, work for a fair settlement, and be willing to compromise.
Acrimony and contention are too often a part of divorce proceedings. For many divorcing couples, the disputed matters can be handled more appropriately away from the courtroom.
What Does a Mediated Divorce Entail?
Divorcing through the mediation process is almost always preferable to a divorce trial. In mediation, a couple meets with a third-party mediator who helps them reach agreements about issues such as property and asset division, alimony, and child custody and support.
If the spouses can make compromises and reach agreements through mediation, the final divorce settlement is submitted for the court’s approval. If the settlement is compliant with Kentucky law and the best interests of the children are served, the court will sign off on the agreement.
However, if compromises are not possible, the case will go to trial. Spouses need to compromise, if they can, so that they remain in control of their futures and the divorce process. If they cannot agree, a judge will impose a final divorce settlement that may not please either spouse.
When Will You Need a Northern Kentucky Divorce Lawyer?
When should you contact a divorce attorney? You’ll need to seek specific, personalized advice from a Northern Kentucky divorce attorney as soon as possible if:
- You are seeking or considering a divorce.
- Your spouse files for divorce (or you anticipate your spouse will file for divorce).
- You want to learn more about family law and divorce in Kentucky.
A Covington divorce lawyer will educate you regarding the divorce procedure, explain your obligations and rights, prepare the necessary legal paperwork, negotiate on your behalf, and, if necessary, advocate for you in the courtroom.
Divorce is a challenging process. Divorce attorneys train for years to understand the process and the complications divorce may entail. Do not try to act as your own attorney in your divorce proceeding. Any mistakes you make could be quite costly.
Take Your Divorce to Attorney Shannon C. Smith
Before you file for a divorce in Northern Kentucky – or if you are the spouse receiving the divorce papers – contact a legal team that will protect your interests throughout the divorce process. Call the Law Offices of Shannon C. Smith.
Since 2013, Covington divorce attorney Shannon C. Smith has served clients throughout Northern Kentucky and Ohio. We prefer negotiated divorce settlements, but we will represent you aggressively and effectively in a divorce trial if no compromise is possible.
We offer candid advice, and we work to ensure you receive everything that is rightfully yours in your final divorce settlement. To learn more about your rights or to begin the legal process now, call the Law Offices of Shannon C. Smith at 859-414-0543 to schedule a free case evaluation.
