Kentucky Divorce Laws

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Kentucky divorce laws consists of various statues that explain the legal requirements and provisions related to a divorce process. Any type of divorce appeal in the Kentucky court, regardless of whether it is a mutual or contested divorce, have to follow the divorce laws in Kentucky. The residency requirements in Kentucky are mentioned in these statues. According to it, a minimum period of six months should be competed by an applicant in order to file an appeal for divorce in the Kentucky court. Following is the information related to alimony and other property issues in Kentucky.

Kentucky Divorce Laws regarding Alimony

Alimony is a closely connected issue to the divorce procedure. It is a monitory support provided by a comparatively settled partner to the other. Alimony is generally requested by the partner who is not able to survive after divorce. It is to be noted that, the court takes a decision about payment and duration of alimony after judging all aspects of the financial conditions of both partners. The Title 35 Chapter 403.200 of the statutes, is observed while determining alimony. If the partner requesting for maintenance -

  • Cannot fulfill the reasonable requirements of life due to dearth of enough property, inclusive of the marital property awarded during property distribution
  • Is not capable of supporting self by means of an apt employment
  • Is the custodian of the child and the circumstances or condition of the child makes it necessary that the custodian cannot search employment outside the house

then, the Court may issue an alimony order for the partner. The payment of alimony can be paid in advance or in monthly pattern depending on the preference given by the partner. The following factors are taken into account -

  • The earning ability of the dependent partner. A partner should be able to fulfill basic needs of the other partner
  • The mental conditions and physical state of the spouse requesting maintenance
  • The duration of marriage
  • The lifestyles enjoyed by the partners during marital status
  • The time period required to complete the job training and to secure proper employment
  • The economical resources of the partner requesting maintenance, inclusive of the property given to such a partner and the resulting capacity of the spouse to fulfill the requirements of life independently

Kentucky Divorce Laws regarding property distribution

Marital property is defined as all the property that is attained by both partners after their marriage and before the decree of legal separation, irrespective of the fact of holding the title to the property individually or as a co-ownership like community property, tenancy by the entirety, tenancy in common or joint tenancy. The following types of property cannot be considered as marital property -

  • Property that is excluded due to a valid agreement amongst the partners
  • Property attained by any partner after a legal separation is granted
  • Property that is attained by exchanging the property acquired prior to the marriage
  • Property attained by exchanging property acquired by descent, devise, bequest and gift
  • The raise in the value of individual property which is acquired before the marriage to such a level that this raise has not occurred due to the efforts of the partners in their marital life
  • Property attained by descent, devise, bequest or gift during marital life and the income obtained from it, unless either partner has practiced considerable activities due to which the value of this property or the income obtained from this property was increased

After reaching a decision regarding classification of the property in terms of marital property, the distribution of this property is decided by the Court after speculating the following issues -

  • The period of marital life
  • The valuation of the property that is divided among each partner
  • The input of each partner to the attainment of the marital property, inclusive of the input as a homemaker
  • The financial conditions of each partner after the property distribution comes into effect; inclusive of the wish of the partner to award the family residence or the right to reside in it for a reasonable duration for the partner who has the custody of the children

Kentucky divorce laws related to Child Support

Child support involved in the divorce in Kentucky is depended on the model of income share plan. According to it, the child support is divided between the parents by measuring their gross personal income. There are various parameters to decide the exact amount of the child support. The general considerations are age and number of children. The child support is paid till the child attains the adult age. But, in some cases, the court may extend the period for payment of child support.

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