Kentucky Divorce Tips
Divorce Papers > Divorce Tips > Kentucky Divorce Tips
There are 50 states in USA and every state has formed its own laws and regulations. Here, the state in question is Kentucky. This state has also laid down divorce laws amongst many other laws. Kentucky divorce tips focus on these laws and help separating/ divorcing couples to understand the nature of their individual case and its problems.
Some general Kentucky Divorce Tips:
- To file for a divorce case in Kentucky, the filing party needs to reside in the state or be an active member of the Military stationed in Kentucky at least for a period of 6 months. Only after living for this period continuously, he/she can go for a case. And for this residential requirement, only credible witnesses are allowed.
- Kentucky divorce laws empowers the state to take a decision of legal separation instead of divorce for the couple.
- Property division is done while focusing on many factors like duration of the marriage, the contribution of each spouse to the marital property and if the domiciliary parent should possess the right to the couple's home.
- Kentucky divorce tips also include Verified Divorce Petitions which must state the name, date of birth, address of both the spouses and their child/ children, social security number, date of the marriage, the date on which the couple separated, plans for custody, child support, visitation and alimony.
- If one party is trying for a temporary custody or alteration of a custody decree then this party must file an affidavit that comprises of facts that endorses the modification or the requested order. A copy of this affidavit, along with the notice must be forwarded to the opposite party. This opposite party reserves the right to file opposing affidavits.
- If the court detects that domestic violence and abuse is in existence as defined in KRS 403.720, the court takes into account the extent to which the domestic violence and abuse has impacted the child and the child's relation with the parents.
- The court tries to determine if the present ambiance would gravely endanger the emotional, moral, mental and physical health of the child. For this study, the court considers several factors, one of which is as follows - the interrelation and interaction of the child with the parents, his or her de facto custodian, the siblings and any other person who considerably impacts the best interests of the child.
- At the time of custody decree, unless the parties have not agreed something else in writing, the default rule is that the custodian should take care of the upbringing of the child, education, health care and religious training. In course of time, if the non custodial parent files a motion that the physical health of the child or emotional development might be hampered, then there may be a specific limitation of the authority of the custodian.
- Consider that one parent is convicted for manslaughter or murder in the first degree of the other parent. Now, the court cannot award the convicted parent, visitation rights of his or her child. The only exception might occur when the court decides, after a hearing, that visitation is in the best interests of the child.
- In a specific case, domestic violence and abuse identical to that defined in KRS 403.720 might be alleged. Then, the court conducts a hearing to make a decision regarding the visitation arrangement. The court desires to ascertain that the visit should not endanger the parent's or the child's emotional, mental or physical health.
- Custody procedures are given priority while being set for hearing.
- In custody proceedings, if the child's custodian or a parent makes a request, the court has a right to order a report and investigation about custodial arrangements regarding the child. The court might select a friend of the court or other such agency for providing this report and investigation.
- Each party has the liberty to move for a temporary custody order. Such a motion needs to be endorsed by an affidavit mentioned in KRS 403.350. After conducting a hearing, the court might award temporary custody in accordance with the standards mentioned in KRS 403.270. In case the parties do not have any objection, then only on the basis of the affidavits, this may be done.
- The court compares the economical resources of the partners from time to time. Accordingly, it might order one of the partners to disburse some amount to the other party for defending or maintaining a proceeding as per Chapter 403.220.
Kentucky divorce tips focus on niche areas like child custody, residential requirement, property division, etc. Take note of important points that are relevant to your case and discuss those with your lawyer.